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|Articles - June 2013|
|Tuesday, May 28, 2013|
BY DARIN M. SANDS AND KRISTEN TRANETZKI
The term “big data” commonly refers to all the digital information we now create, disseminate and store. It largely consists of unstructured data such as web pages, tweets, Internet search histories, digital images, sensor signals, purchase history transactions, and GPS signals from cell phones and cars. According to the research firm IDC, 2.8 “zettabytes” (2.8 billion terabytes) of data were created in 2012 alone, an almost 50% increase from 2011. It is expected that this number will grow to 40 zettabytes by 2020.
Businesses have sought to curate and process this data using complex software and algorithms to provide useful analytics and to derive business insights. Big data can tell us customer preferences based on prior purchases and search histories. It has been used for everything from estimating the number of shoppers on Black Friday using cell phone locator data to detecting potential side effects of prescription medicines by tracking patients’ medical data. The potential for these insights is nearly unlimited.
And the benefits are not just for Amazon, Google and the major companies in the Silicon Forest, either. Smaller businesses are investing in big-data technology and are teaming up with vendors to harness this data. Perhaps your business is one of them.
But businesses that want to use big data should be mindful of not just the opportunities it provides but also the potential pitfalls, especially where there is latent litigation risk. Here are three tips for mitigating that risk, and though all require an investment of time and money up front, the cost savings in the long run can be significant.
1. Have a Written Data-Retention Policy (and stick to it):
With the exponential increase in data being stored comes the threat that all that data will have to be searched, and potentially produced, if your company becomes involved in litigation or receives a third-party subpoena. The costs of such efforts can be staggering. To reduce these costs and associated risks, businesses should carefully assess how and what kinds of big data is being collected and stored (including data provided by and to outside vendors). And based on this assessment, tailor a written retention policy that goes beyond just paper documents and email, and defines whether and when all types of data should be destroyed. The policy should both provide for the length of time the data is kept and how it is destroyed. Employees should receive training on the policy, and regular monitoring should be conducted to ensure compliance.
2. Have a Plan for E-Discovery.
Businesses should also proactively prepare a plan for dealing with big data after the obligation to preserve and produce data if litigation arises. Failing to do so properly can significantly impair a company’s litigation position and add substantially to underlying litigation costs. Businesses should work with knowledgeable counsel in advance of any litigation to create a plan of how to tackle electronic discovery in a cost-effective, efficient and defensible way. Being prepared to navigate discovery burdens before the onset of litigation will help reduce litigation expenses and may even provide a strategic litigation advantage.
3. Understand Privacy Regulations.
Advancements in big data have also raised new concerns about complying with evermore complex privacy regulations. A breach in data security (such as from an outside hacker or a careless employee) can create substantial litigation exposure. Businesses should work with counsel proactively to remain apprised on evolving regulations governing big data’s collection and use, to ensure that they are doing everything they can to properly secure sensitive and protected information. Such steps can mitigate exposure even if the unthinkable happens and secure data is lost.
Darin M. Sands is co-chair of Lane Powell’s Electronic Discovery, Technology and Strategy Practice group.
Kristen Tranetzki is an attorney at Lane Powell, where she focuses on securities litigation, banking and lender liability, and white-collar criminal defense.
Wednesday, August 19, 2015
BY BRIAN LIBBY
Ben Kaiser holds his ground.
Friday, July 10, 2015
BY DAN COOK
The Affordable Care Act has triggered a rush on health care plan redesign, a process fraught with hidden costs and consequences.
Friday, July 10, 2015
BY LINDA BAKER
Market of Choice is on a tear. In 2012 the 35-year-old Eugene-based grocery chain opened a central kitchen/distribution center in its hometown. The market opened a third Portland store in the Cedar Mill neighborhood this year; a Bend outpost broke ground in March. A fourth Portland location is slated for the inner southeast “LOCA” development, a mixed-use project featuring condos and retail. Revenues in 2014 were $175 million, a double-digit increase over 2013. CEO Rick Wright discusses growth, market trends and how he keeps new “foodie” grocery clerks happy.
Monday, July 13, 2015
BY KIM MOORE
A conversation with Greg Lambert, president of Mid Oregon Personnel Services.
Thursday, August 13, 2015
BY JACOB PALMER | DIGITAL NEWS EDITOR
Portland-based startup ImpactFlow recently announced a $5.7 million funding round. CEO and co-founder Tyler Foreman talks about matching businesses with nonprofits, his time at Intel and the changing face of philanthropy.
Monday, July 06, 2015
Picking a business partner is not much different than choosing a spouse or life partner, and the business break-up can be as heart-wrenching and costly as divorce.
Wednesday, August 19, 2015
BY LINDA BAKER
In 2010 Vanessa Keitges and several investors purchased Portland-based Columbia Green Technologies, a green-roof company. The 13-person firm has a 200% annual growth rate, exports 30% of its product to Canada and received its first infusion of venture capital in 2014 from Yaletown Venture Partners. CEO Keitges, 40, a Southern Oregon native who serves on President Obama’s Export Council, talks about market innovation, scaling small business and why Oregon is falling behind in green-roof construction.
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Yesterday, a divided National Labor Relations Board dropped another hammer on the employer community. In a long-awaited and much debated move, the Board jettisoned the decades old standard for determining when two independent businesses should be considered joint employers of an individual worker for collective bargaining purposes.
Transforming the culture of Oregon’s educational leadership.
The Board dismissed a petition related to efforts to unionize the Northwestern University football team.
Oregon Sick Leave is here, and changes to the federal white-collar worker regulations are on the way. This workshop will prepare you for both. We invite you to participate in an interactive discussion on how to start planning now for the future impact on your operations and finances.
Presented by OEN + CENTRL + YESpdx.
This Roundtable will cover numerous issues under the employer "shared responsibility" rules of the Affordable Care Act, including how to track the "full-time" status of variable-hour employees, temporary or seasonal employees, and employees who experience a change in status or a break in service. Additionally, we will provide a brief overview of Code sections 6055 and 6056, which require most mid-sized and large employers to submit their first information reports to the IRS in early 2016 regarding the health insurance coverage being offered to employees. We invite you to participate in an interactive discussion on how to prepare for the future impact of the shared responsibility rules on your operations and finances.