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WASHINGTON (AP) - U.S. companies will need to know more about where they store e-mails, instant messages and other electronic documents generated by their employees in the event they are sued, thanks to changes in federal rules that took effect Friday, legal experts say.

Dec 1, 11:24 AM (ET)

By CHRISTOPHER S. RUGABER

WASHINGTON (AP) - U.S. companies will need to know more about where they store e-mails, instant messages and other electronic documents generated by their employees in the event they are sued, thanks to changes in federal rules that took effect Friday, legal experts say.

The changes, approved by the Supreme Court's administrative arm in April after a five-year review, require companies and other parties involved in federal litigation to produce "electronically stored information" as part of discovery, the process by which both sides share evidence before a trial.
Federal and state courts have increasingly been requiring the production of such evidence in individual cases. The new rules clarify that the data will be required in federal cases.

Under the new rules, an information technology employee who routinely copies over a backup computer tape could be committing "virtual shredding" once a lawsuit has been filed, said Alvin F. Lindsay, a partner at Hogan & Hartson LLP and expert on technology and litigation.
Companies still could routinely purge their archives if the data aren't relevant to cases companies have pending or expect to face, though specific sectors such as financial services remain governed by other data-retention rules.

The new rules make it more important for companies to know what electronic information they have and where, especially because of a provision that requires lawyers to provide information much earlier than before on where their clients' data are stored and how accessible they are.

Large companies are likely to face higher costs from organizing their data in order to meet those deadlines, said James Wright, director of electronic discovery at Halliburton Co. (HAL) (HAL) Besides e-mail, he said, companies also will need to know about things more difficult to track, like digital photos of work sites on employee cell phones and information on removable memory cards.
There are hundreds of "e-discovery vendors" and these businesses raked in approximately $1.6 billion in 2006, Wright said. That figure could double in 2007, he added.

Lawyers will have to spend time reviewing electronic documents before turning them over, Lindsay said. Although electronic searches can help narrow the amount of data, some high-paid lawyers will still have to sift through casual e-mails about subjects like "office birthday parties in the pantry" to find the relevant information, he added.

But Martha Dawson, a partner at the Seattle-based law firm of Preston Gates & Ellis LLP who specializes in electronic discovery, said companies will not have to alter how they retain their electronic documents. Rather, she said, they will have to do an "inventory of their IT system" in order to know better where the documents are.

The new rules also provide better guidance on how electronic evidence is to be handled in federal litigation, including guidelines on how companies can seek exemptions from providing data that isn't "reasonably accessible," she said. This could actually reduce the burden of electronic discovery, she said.

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Public Policy Committee Agenda

• Date: November 15, 2006
• Location: NAWBO-NYC, 171 Madison Avenue, Suite 1308
• Time: 4:30 PM

RSVP: carolyn@intracommunities.org

Download Meeting Agenda

Download fileDownload Meeting Minutes

We meet every third Wednesday of the month.
After three committee meetings, you must become a NAWBO NYC member.

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Thank you for putting together this event, Working Families Multi-State Coalition Meeting Download pdf file about the Consortium. I am Carolyn Sevos, the VP of Public Policy for NAWBO-NYC, the National Association of Women Business Owners. NAWBO is a national association, the largest
collective voice of business owners in the US. We represent all trades. According to the 2006 Center for Women's Business Research, in New Yorks state, we have over 600,000 women-owned businesses and we generate nearly 88 billion in sales. On average, women businesses have:
• 10.6 full time employees
• 2.5 part time employers
• 5.0 contract or temporary employees

NAWBO NYC strongly supports the Families in the Workplace Act. As the California law has shown, the extension of the Family Leave Insurance Program to include paid leave and flexible work hours for employees to manage an illness—their own or for a family member—has been positive.

I can speak from my experience as a small business owner. I have a technology company, IntraCommunities, Inc. (ICI) that puts together ecommerce systems and interactive community websites as well as runs an ISP. I have three employees and a group of part-time programmers and designers.

When I told my staff where I would be speaking this morning, they were thrilled. Especially, one of my staff who recently took time off after his baby was born. It is not quite a year and now he still works from home and is one of the most productive people I know.

As a small business owner, I am most affected by increased taxes and insurance costs. I even hate jury duty. I demand a lot of my staff, but in the face of family crisis or health issue, it is impossible to expect anyone to work or to be productive. Sometimes we need the time to manage our personal lives. And, ultimately, what we are talking about here, and what is my most important commodity is employee loyalty.

Even Deloitte, a large company, estimates saving $41.5 million a year in productivity through the flexibility of their work programs.

Family crisis and health issues are facts of life and do impact my bottom line with or without insurance. The insurance that has been set forth in this law is actually a beneficial safety net for me. For me, high turn over is harmful.

New workers whether temporary or full time require training in our methods and procedures. Security is paramount for us and high turnover is a recipe for disaster. I need to make it possible to keep my staff though the bad times along with the good.

There are minimum standards required for a healthy and safe workplace. In my opinion the US has fallen behind in recent decades and both work and families are suffering.

Squeezing every ounce of work of an employee and keeping salaries low may work for some, but it is not a sustainable long-term view. I work in an industry that trumpets the glory of outsourcing to keep labor costs as low as possible to stay competitive, I could be wrong, and only time will tell, but I do not think that reality supports this as a business model.

Finding a way to help workers during family crisis is not a maybe, but a necessity. The challenge is finding the ratio of how far an employer can go to help its employees and maintain profitability.

I think that the Paid Family Leave Act as it is in CA and proposed by NJ achieves this delicate balance.

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Portal to NYC services for Small Business: www.nyc.gov

Need help with NYC Minority and Women Owned Business Enterprise Program: NYC M/WBE Program

Best way to navigate the SBS site: Simple Solutions

Event calendar

Every 1st Tuesday: Q & A session on basic government contracting for new and experienced government vendors. This workshop occurs every first Tuesday of the month. RSVP required: Call 311 and ask for small business seminars and classes. This is a free event. Location 110 William Street, 7th Floor

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Find out about local candidates and how to contact: League of Women Voters

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Visit www.nawbonyc.org and www.nawbo.org for more information and resources for business owners.

Keep informed on National Public Policy Issues, visit: http://wbopolicyblog.blogspot.com

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NATIONAL WOMEN’S BUSINESS ORGANIZATION POLITICAL ACTION COMMITTEE ENDORSES CONGRESSWOMAN NYDIA VALAZQUEZ

(New York, NY)—The National Association of Women Business Owners’ (NAWBO®) Political Action Committee (PAC) has endorsed Representative Nydia M. Velazquez for the 12th District of New York. The NAWBO PAC, assisted by members of NAWBO-NYC, presented a check to Ms. Velazquez’s campaign on October 23, 2006 at Angel Orensanz Center for the Arts in lower Manhattan.

“The NAWBO PAC endorses Congressional candidates who are supportive of the interests of women entrepreneurs and of pro-small business legislation in the areas of health care insurance, federal government procurement, and taxation,” said Sallie Mullins Thompson, vice chair of the NAWBO PAC, member of NAWBO-NYC, and Principal of SMT Business Services in New York. “We encourage all entrepreneurs in New York to vote on November 7 regardless of their political affiliation.”
In New York State, the Center for Women’s Business Research reports there are over 682,000 privately-held, 50% or more women-owned firms, accounting for 40.3% of all privately-held firms in the state.

On a national level, The Center for Women’s Business Research reported that privately-held, 50% or more women-owned firms in the U.S., number 10.4 million, generate $1.9 trillion in sales, and employ 12.8 million people nationwide. For the past two decades, the growth in the number of 50% or more women-owned firms is nearly twice the rate of all firms.

Created by NAWBO, the NAWBO PAC is a non-partisan federal PAC that endorses and provides financial contributions to candidates who support the public policy platform established by NAWBO’s Public Policy Council. The NAWBO PAC was established in 1999 and fully complies with all FEC regulations.

Founded in 1975, NAWBO propels women entrepreneurs into economic, social and political spheres of power worldwide. Over 30 years later, NAWBO, with 80 chapters across the nation, is still the only organization that solely represents the interests of women entrepreneurs in all industries. The NAWBO-NYC chapter is over 20 years old and offers facilitated networking, supportive and educational programs, inspirational speakers and other special events to help its members grow their businesses.

NAWBO’s mission is to strengthen the wealth-creating capacity of its members and promote economic development; to create innovative and effective change in the business culture; to build strategic alliances, coalitions and affiliations; and to transform public policy and influence opinion makers. Visit www.nawbo.org for more information.

PHOTO: Individual's in picture: Carolyn Sevos, Sallie Mullins-Thompson, Congresswoman Nydia Valazquez, Jerusha Ramos, and Renee Levitt

FOR IMMEDIATE RELEASE
Contact: Celeste Burgess
(212) 252-1100
November 6, 2006
Celeste@nawbonyc.org
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National Association for Women Business Owners – NYC Chapter Applauds Senator David A. Paterson’s Platform To Break Down Barriers to Business Opportunities For Minority and Women-Owned Businesses!

New York, NY (September 29, 2006) – NAWBO-NYC stood with candidate for Lieutenant Governor David A. Paterson at a press conference last week held at York College, in Queens, NY, when he unveiled a plan to “break down the barriers to opportunity” and significantly step up New York State’s investment in minority- and women-owned businesses.

Highlights of the program included: executive leadership to set the tone through the Spitzer-Paterson Administration and all government agencies making Minority and Women-Owned Business Enterprises (MWBE) a major priority; a disparity study to set realistic goals and provide legal standing for programs; streamlining the MWBE certification process and an easy-to-navigate system for firms, agencies, and contractors; a Mentor-Protégé Program modeled after the New York City School Construction Authority’s program; expanding the scope of MWBE-eligible firms.

NAWBO-NYC President, Melanie McEvoy, says,

“Senator Paterson’s proposals will significantly increase the participation of women and minority owned businesses in state government, which is important since they are the fastest growing sector of the economy. NAWBO-NYC is proud to support these initiatives and will do everything we can to see them enacted.”

“If Eliot Spitzer and I win in November, we are going to break down the barriers to opportunity for MWBEs and change the culture of our government,” Paterson said in announcing the proposal before more than 200 business and community leaders at York College in Queens. “I am absolutely committed to developing MWBEs in New York after a 12-year period of abuse and neglect.”

The plan intends to reverse the downward spiral of opportunity afforded businesses owned by women and minorities. MWBE’s have encountered sagging progress in receiving work on State projects over the last 12 years.

For more information on NAWBO-NYC, see http://www.nawbonyc.org.

For more information on Sen. Paterson, seehttp://www.paterson2006.com.

PHOTO: Individuals' names read as follows:
Left to right: Jerusha Ramos, Sandra Webster, Melanie McEvoy, Senator David Paterson, Carolyn Sevos, Sallie Mullins Thompson

FOR IMMEDIATE RELEASE
November 6, 2006
Contact: Celeste Burgess
(212) 252-1100
Celeste@nawbonyc.org

NAWBO-NYC * 171 Madison Avenue, Suite 1308, NYC 10016
p. 212 252-1100 * f. 212 252-1800
Download file
###

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Mission:

Provide leadership, direction and political action on issues of public policy with municipal, state and federal governments that will benefit the membership of NAWBO-NYC and women-owned business in general.

Goals:

• Identify and research business-related public policy issues of importance to women business owners.
  
• Draft and recommend municipal and state public policy positions that benefit NY women as business owners and that align with the public policy platform of national NAWBO.
  
• Educate the membership of NAWBO-NYC on public policy issues that impact their businesses.


• Execute and manage NAWBO-NYC’s annual program of public policy advocacy events and activities.


• Maintain active contact with elected and appointed officials at municipal, state and federal governments.


• Serve as an information resource of first resort for public policymakers and the media on issues of public policy that affect women-owned businesses.

Policies:

General

1. The NAWBO-NYC Public Policy Committee (the committee) , when educating their membership and influencing public policy at the state and municipal levels, should be mindful of NAWBO's public policy platform. This chapter is part of a national organization; therefore, any work done at these levels, as a NAWBO chapter, must reflect national NAWBO's issues and its positions on them.


2. Neither the committee, the chapter, nor a member shall campaign or engage in any political activity on NAWBO-NYC’s behalf or as a spokesperson for NAWBO-NYC that is at cross-purposes with NAWBO’s objectives or that may be misinterpreted as an action or intent of the chapter board of directors.


3. The committee shall always be aware of its responsibility to maintain NAWBO’s independent, non-partisan political stance in all situations


4. Issues that do not impact women as business owners, such as abortion, general women’s health issues, and consumer-related issues, should not be worked on as a NAWBO-NYC activity.


5. NAWBO-NYC is prohibited from endorsing and / or funding any political campaign at any level – federal, state, or municipal. Only the national NAWBO PAC can take such action and only for federal Congressional candidates and campaigns.


6. Positions taken on state and municipal issues that are similar to NAWBO's issues must not be in conflict with NAWBO's positions on those issues.

For example, the following positions would not be aligned with those of national NAWBO:



• Taking a position that would create obstacles for a WBO wishing to provide affordable, quality health care insurance for herself and her employees and


• Any state or local position supported that does not assist WBOs in obtaining their fair share of state and municipal procurement dollars.




7. Additionally, advocacy activities at the state and municipal level on issues that impact us as women business owners (WBOs) would be acceptable, even though these are not part of national NAWBO’s platform. Some examples of these are Family Medical Leave, governmental regulations, tort reform, and minimum wage legislation.
   
8. A member is free to support any issue she chooses outside of NAWBO

NAWBO-NYC chapter public policy spokesperson

1. The vice president of Public Policy (VP Public Policy) is the official chapter spokesperson on public policy issues. All media and legislator requests made to staff, board members, or general members shall be referred to her for handling.


2. The VP Public Policy shall be the chapter’s most visible public policy advocate in the state and municipal arena. She will communicate with the media, governmental agencies, public, and chapter members directly on all relevant public policy topics and activities.


3. Board, committee, and other NAWBO members have no legal or implied authority to act on behalf of the VP Public Policy and must not represent themselves as having that authority.

Selection of local and state issues

1. The Public Policy Committee shall continually identify and evaluate issues for chapter support.


2. The committee shall conduct an official survey of the membership at a minimum once every two (2) years to obtain feedback and input on issues in which the membership expresses interest. Informal survey on a more frequent basis may be done via the public policy blog.


3. In order for an issue to be considered for support, it shall meet one or more of the following additional criteria:
   
   
   
   • Encourages job creation, innovation, and economic growth for NY women-owned businesses.
   
   
   • Fosters entrepreneurial diversity.
   
   
   • Makes state and municipal government more user-friendly and effective in meeting the needs of entrepreneurs.
   
   
   • Results in good public policy that is in the state and municipal interest.
   
   
   • Increases the global competitiveness of NY women-owned businesses.
   
   
   
   

Adoption of positions

1. The committee shall develop and recommend positions for each selected issue, based on input from the membership, its own research, and all criteria stated in the General section above.


2. The recommended position may be presented to the membership for feedback.


3. All positions must be approved by the board of directors and notice of these served to the membership.


4. It is understood that NAWBO-NYC may not be able to take a stand on an issue due to time constraints and / or resources.

Testimonials

1. Requests for board or general members to present testimony on a state or municipal public policy issue before a governmental agency, committee, or legislature must be evaluated and agreed to by both the board the chapter President and the VP Public Policy. The purpose of this policy is to determine whether or not NAWBO-NYC should be offering testimony on the issue in question.


2. For consistency, all planned testimony shall be documented, reviewed, and revised, as appropriate, by the vice president of Public Policy, to the extent practicable, before being submitted to the requesting organization.


3. Since the inclusion of NAWBO leadership in published testimony is perceived by the listeners as conveying the NAWBO perspective, augmented by the personal experience of the presenter, particular care must be exercised to assure conformance with both the national NAWBO and the NAWBO-NYC chapter public policy platforms.


4. This policy does not abridge the right of a board or general member to offer testimony as a private citizen.

Requests for support of legislation

1. All such requests shall be referred to the VP Public Policy, whether they are from elected officials or from candidates who are currently running for office.


2. The public policy committee shall evaluate the request and consider surveying the membership for input, if time permits.


3. If the committee decides to support a request, it must be documented and approved by the chapter board of directors.


4. Care must be taken to avoid supporting any legislation not in alignment with the principles stated in the General section above.


5. Standard phrases such as “Generally, NAWBO supports legislation that positively impacts the bottom line of small and women-owned businesses” can be used when having conversations around the various requests received.

Partnerships: coalitions and alliances

1. The VP Public Policy, with the approval of the board of directors and considering any budget restraints, is authorized to join any state or municipal coalition or alliance that supports a NAWBO-NYC approved public policy position, as long as the goals, objectives, and values of the partner organization are consistent and compatible with those of NAWBO.


2. The purpose of such partnerships would be to enhance NAWBO-NYC’s visibility in the political arena and to increase the impact of the chapter’s public policy advocacy efforts.


3. Examples of groups that would qualify as partners are other NAWBO chapters, various municipal chambers of commerce, and small business organizations with a public policy mission.


4. Examples of joint events and activities are signing a letter or petition to a legislator, putting on a public policy educational event or conference, and conducting a political debate.

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