House on Solitude Creek / Robert Gurney Architect

first_img Architect In Charge:Robert GurneyProject Architect:Kara McHoneCity:Saint MichaelsCountry:United StatesMore SpecsLess SpecsSave this picture!© Anice HoachlanderRecommended ProductsEnclosures / Double Skin FacadesAlucoilStructural Honeycomb Panels – LarcoreEnclosures / Double Skin FacadesIsland Exterior FabricatorsCurtain Wall Facade SystemsEnclosures / Double Skin FacadesFranken-SchotterFacade System –  LINEAWoodTechnowoodPergola SystemsText description provided by the architects. The design of this house in St. Michaels, Maryland was greatly influenced by environmental regulations, zoning requirements and restrictive building codes specific to this site. The existing Dutch Colonial Style house, built in 1989, was located within a One-Hundred Foot Buffer Zone on Solitude Creek, a small estuary in this Maryland Eastern Shore town. A recently adopted Floodplain Management Ordinance mandated that no new structures be built within the Buffer Zone, and that all renovated or altered existing structures be updated to meet new zoning, building and environmental code requirements. Save this picture!© Anice HoachlanderSave this picture!First floor PlanThe existing house largely failed to take advantage of water views, the layout was not optimal, and as constructed, did not work programmatically for the new owners of this property. The existing structure was in poor condition, with rotted framing members and mold and mildew infiltration from previous floods. The house did not meet many of the new code requirements; most notably the requirement that any habitable structure be located above the newly designated base flood elevation. To maintain the proximity to the water, and to avoid building a new house outside the Buffer Zone (which would be a much greater distance from the shoreline), it was decided to remove the existing structure to the foundation, increase the height of the foundation two feet, and build a new structure above this that would meet all of the new codes, ordinances and regulations. Per these regulations, the footprint was not expanded or altered. While the new house is built above the existing foundation, a new covered entry porch is cantilevered beyond the foundation, permitted as long as the cantilevered section was not larger than the pre-existing stoop. A series of small decks and ramps extend to the landscape and are constructed to break apart in the event of a major storm or flooding.Save this picture!© Anice HoachlanderSave this picture!Second floor PlanThe goals of the project were to take advantage of water views and provide light filled spaces, while accommodating the owners’ collection of modern art, which includes works by one owner, who is an artist specializing in abstract paintings. In response to a relatively tight budget, the buildings’ Massing and Materials are simple and straight forward. A combination of windows varying in size, shape and location animate the spaces, while providing controlled views of the water, pine forest and adjacent marshes.Save this picture!© Anice HoachlanderProject gallerySee allShow lessDesigning A Place for Inventing the Future: The MIT Campus, Then, Now, NextPanel DiscussionFoster, BIG and Grimshaw Design Main Pavilions for Expo 2020 DubaiArchitecture News Share “COPY” Projects Civil Engineer: Land Surveys Inc. Contractor: “COPY” Structural Engineer: United States Save this picture!© Anice Hoachlander+ 22 Share Architects: Robert Gurney Architect Year Completion year of this architecture project CopyHouses•Saint Michaels, United States House on Solitude Creek / Robert Gurney ArchitectSave this projectSaveHouse on Solitude Creek / Robert Gurney Architect Year:  Thinkmakebuild D. Anthony Beale ArchDaily House on Solitude Creek / Robert Gurney Architect 2015 Houses ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/783608/house-on-solitude-creek-robert-gurney-architect Clipboard Photographs:  Anice Hoachlander Photographs ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/783608/house-on-solitude-creek-robert-gurney-architect Clipboard CopyAbout this officeRobert Gurney ArchitectOfficeFollowProductsWoodGlassConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesSaint MichaelsUnited StatesPublished on March 14, 2016Cite: “House on Solitude Creek / Robert Gurney Architect” 14 Mar 2016. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Read commentsBrowse the CatalogMetal PanelsAurubisCopper Alloy: Nordic BrassGlassMitrexSolar GreenhouseLouvers / ShuttersTechnowoodSunshade SystemsFaucetsDornbrachtKitchen Fittings – EnoWoodSculptformTimber Tongue and Groove CladdingMembranesEffisusFaçade Fire Weatherproofing Solutions in Design District Project LondonHanging LampsLouis PoulsenPendant Lights – KeglenBlinds / Mosquito Nets / CurtainsBANDALUXPleated ShadesEnclosures / Double Skin FacadesFranken-SchotterFacade System –  LINEAWoodBlumer LehmannCNC Production for Wood ProjectsMaterials / Construction SystemsCaneplex DesignPoles – Tonkin BambooFibre Cement / ConcreteTegralFibre Cement Slate Roofing – Thrutone Endurance SmoothMore products »Read commentsSave世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! 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Two further arrests in Tyrone over new IRA activities

first_img Twitter Loganair’s new Derry – Liverpool air service takes off from CODA WhatsApp Two further arrests in Tyrone over new IRA activities Two men are being questioned in the North in relation to activities of the New IRA.They were taken into custody following four searches in county Tyrone by the North’s Terrorism Investigation Unit as part of ongoing investigations into criminality.Cash was taken in one of the searches which was found in a recycling bin and a safe.The men aged 41 and 42 are being detained at a serious crime unit in Belfast. Google+ Homepage BannerNews DL Debate – 24/05/21 Pinterest Nine til Noon Show – Listen back to Monday’s Programme Arranmore progress and potential flagged as population grows Important message for people attending LUH’s INR clinic center_img WhatsApp Facebook By News Highland – August 6, 2020 RELATED ARTICLESMORE FROM AUTHOR Pinterest Previous articleBus Éireann comes under fire over Letterkenny routeNext articlePolice attacked with petrol bombs in Derry News Highland Google+ News, Sport and Obituaries on Monday May 24th Facebook Twitterlast_img read more

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World-class standards

first_img Comments are closed. Related posts:No related photos. World-class standardsOn 1 Sep 2002 in Personnel Today Previous Article Next Article Unilever decided that its marketplace demanded standardised informationprocesses but first it had to train staff to use the system. Sue Weekes reportsWithout even knowing it, many of us buy into the Unilever brand of goodsevery day, whether it be when we wash with a bar of Dove, eat a Magnum icecream or indulge in a spoonful of Hellmann’s Mayonnaise on a sandwich. To beprecise, 150 million people around the world choose a Unilever brand every dayand its products are sold in 150 countries. It employs a total of 265,000people and its worldwide turnover in 2001 was 52,206m euros. It’s fair to saythat global brands don’t come much bigger. Putting common working processes in place and standardising quality ofpractices to promote growth and control costs is vital in such a globaloperation and, in March 2001, the Home and Personal Care Europe (HPCE) businessgroup embarked on a three-year project to develop and implement its EuropeanStandardised Information and Processes (ESAP) system. As well as streamlining and standardising processes, the implementation isdesigned to give quicker access to better quality information, allow fasterdecision-making to take place and increase the speed with which new productsare brought to market. The ESAP system is proprietary to HPCE and is based on a customised SAP 4.6Denterprise-wide system that focuses mainly on back office functions across thecompany’s financial, manufacturing and sales departments. A survey carried outby the website benchmarking.com, on organisations which had installed anenterprise resource planning (ERP) system, found that the two biggestinhibitors to reaping maximum rewards from such systems are change managementand training. Big and powerful these systems may be, but they are only as goodas the people using them. “If someone makes an error in the data they areentering that can have a knock-on effect all the way down the line through thevarious departments,” says Paul Stevens, operations director of Europe atDA Consulting Group (DACG), which was engaged by Unilever to implement thesystem to its workforce across Europe. “Because of the enterprise-widedata they hold, systems like this enable you to produce really whizzy reports,but inaccurate information is worse than no information at all.” ContinuityUnilever was already using DACG, which is the world’s largest sole providerof end-user training services, in Unilever Best Foods Europe (UBFE), its otherbusiness group, where it had delivered a customised training strategy. Tomaintain a level of continuity within the organisation, it employed DACG forthe ESAP implementation. “The HPCE ESAP project covers a wide scope withaggressive deadlines and a three-year continuous implementation plan acrossEurope,” says Chris Wolff, Unilever ESAP communication, training andproject control manager. “In order to support the users, we needed aflexible consultancy who would provide innovative training and supporttechniques and versatile and multi-lingual consultants providing culturalunderstanding and strong project management. DACG had proven that it was morethan capable.” (The HPCE and UBFE projects won the Institute of ITTraining Gold Award for External project of the Year 2001). DACG had to contend with an ambitious timeframe and a broad remit thatinvolved everything from training needs analysis and business process mapping tothe provision of a change communications strategy. Within this, it had toschedule, manage and provide instructor-led training, develop all end-usersupport materials, including help cards, system task documentation and changecommunication materials, translate all localised material and provide afront-end web-based portal for all training. “The hardest part of a job like this is the complexity of it,particularly the fact that it’s going across different countries and differentcultures. There are all sorts of areas to consider, such as the IT literacyacross different countries. Employees in the UK are at home with the idea ofonline help systems but this won’t necessarily be the case in allcountries,” says Stevens. A whole range of different modules and elements make up the training andsupport solution provided by DACG, but they break down into three core areasbeginning with traditional instructor-led training. This is typically done toget employees up to a certain level on the system, explains Stevens. Withsupport from Unilever’s own ESAP training team, DACG consultants trained morethan 500 homecare users on four sites and 400 personal care users across twosites. A comprehensive set of help cards was also developed by the trainingteam to support users as they start to use the new system. Online helpNext it had to produce online system task documentation – basically,electronic reference material covering each of the tasks that the system cancarry out. This was a huge job since the SAP system can undertake thousands oftasks across the various departments from generating an invoice or purchaseorder in administration, to stock taking and creating a production schedule formanufacturing, to running a cost centre report in finance. If an employee getsstuck in any of these tasks, they click a help button and the system retrievesthe relevant online reference guide. The online help system uses one of DACG’s standard tools called DA Passport,which effectively opens Internet Explorer in the background and collects thehelp material from the intranet or internet. It eliminates the user having towaste time finding the correct documentation themselves since all they have toworry about is clicking help and waiting a few seconds for it to appear onscreen. All documentation and online support is written in concise, everydaylanguage, which is in contrast to the earlier help systems that tended to bewritten by ‘techies’. The third core area of training is aimed at new joiners and those who movedepartments or to a new role, and comprises a set of online business processmaps and diagrams created in Visio. These take the form of simple step-by-stepflow diagrams. The backbone or hub of the online help system is the DA learning centre,which provides a web-based front-end or portal through which all the trainingand support material can be accessed. “It’s basically one big web page andjumping-off point for all the information users could need,” says Stevens.”It can expand to hold any training material but will probably be kept forsystem-related support rather than be extended to something like softskills.” DACG has customised the learning centre for Unilever so that it includes arange of other functions and features. These include: training feedback formsthat give course attendees a facility to comment on the training content anddelivery; a link to training course materials for pre- or post-courseadditional study; a library of FAQs derived from the training courses, withanswers supplied by the business; and a communication platform for additionalsupport materials such as help cards and online competitions and quizzesdesigned to assist in the change communication process. It also offers amultilingual capacity, offering support in a selection of languages. TranslationThe multi-lingual demands of the project are considerable and after UKroll-out DACG moved on to translating and adapting all of the material andtraining for the Italian market – which is next to go live – followed byGermany and the Netherlands later this year. Further European roll-outs arescheduled for 2003. But, as Stevens points out, it isn’t just a case oftranslating training in to the relevant language. “You can’t just takewhat you’ve done, translate and plonk it in Italy for instance, where the wholestyle of training is different. In the UK, we like our training to beinteractive and have more of a fun element. If a trainer comes in and throwslots of sweets out to the class, a UK audience will often respond to it. InItaly, it’s more a case of talk and chalk because they expect to belectured.” He adds that as well as translating the words, DACG’s multi-lingual trainershave to localise all the training materials. “This means making sure allthe Italian training has Italian examples, as they’re not going to respond toor understand UK ones.” The project also involved a major change communications exercise and anyonewho has implemented a new system of any kind knows that communicating itsbenefits to the workforce to ensure their buy-in is as important as thetraining itself. HPCE tied in its strategy for this with the phases of theproject: ‘awareness’, ‘understanding’, buy in’, ‘commitment’ and ‘post golive’. Specific materials and specific messages were developed for each phaseand the range of materials spanned e-flyers, posters, competitions and games toESAP lunch seminars. “You have to ensure people are ready for a new systemlike this and make sure they know what’s happening and why,” says Stevensemphatically. “You must break down any resistance beforehand so that whenthe system is put in place, you don’t then spend time arguing over, say, whyyou need it and how it has changed a particular job role.” It is still early days for the project in terms of ROI but Stevens providessome simple arithmetic to demonstrate the potential cost savings. “If youhave a new system and users have to stop to call the help desk five times a dayand each question takes eight minutes to ask and answer (which is fairlytypical), across 200 staff that adds up to 133 hours a day when your staff arenot devoting their time to their real job and therefore your customers.” As future roll-outs continue, DACG also hopes to be nurturing the earlierusers into more self-help methods that will further save costs and time. Itaims to build-in more self-learning elements into the overall educationprogramme and ultimately reduce the amount of classroom training. “We’llalways use face-to-face training, but I guess we’re moving towards a blendedapproach and, a year on, the users will be more accepting of methods likee-learning and computer-based learning,” says Stevens.In summaryStreamlining the working process Unilever’s requirement: To train aEuropean workforce in its new SAP enterprise-wide system.Why? The new system was brought in as part of a three-year planto streamline its business and working processes. The scale of the project andtimeframe demanded that the workforce was trained as quickly and efficiently aspossible if the system was to live up to its promise, followed up with ongoingonline support.Has the training delivered? It is early days for hard figuresbut the online help system should dramatically reduce calls to an IT helpdeskand ensure staff spend more time using the system fruitfully.Unilever’s tips for systemtraining– Plan and plan. Understand exactly who needs to be trained andthe kind of training they need– Communicate to employees what you are doing at all times andwhy, so you break down any resistance from the beginning– Involve the business at all levels from the boardroom to thecoalface and start to cultivate ambassadors who are going to championthe system last_img read more

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Ethics Advisory Opinions deal with firm e-files and metadata

first_img OPINION 90-7 (March 1, 1991) Although it is not unethical per se for an attorney to enter into business transactions with clients, the proposal presented by the inquiring attorney, when viewed in its entirety, is fraught with conflict problems and thus is impermissible. RPC: 4-1.7(b); 4-1.8(a); 4-1.10(a) Opinions: 72-21, 72-26, 73-1, 88-15 The inquiring attorney presents three questions concerning the propriety of members of his law firm engaging in certain business transactions with firm clients. The questions presented are: 1. A partner (i.e., shareholder) or partners of the law firm become stockholders of an independent insurance agency. The agency acts in a brokerage capacity, i.e., it is not the insurance company, but rather sells insurance to its clients. The agency proposes to offer to sell casualty insurance policies to corporate clients of the law firm. Assuming disclosure of the attorney partner’s interest in the agency to the law firm’s clients, is there anything improper in the activity?2. [W]ould any conflict arise if the client were to seek a legal opinion about the amount of insurance it was required to carry or the specific terms of a policy? Would it make any difference if the opinion were rendered by the attorney with the interest in the insurance agency or by another member of the firm?3. Assuming a claim was made on an insurance policy by a client of the firm where the policy was sold to the client by the agency in which a firm partner had an interest, would there be any conflict were the insurance company to assign defense of the claim against the client to the law firm? [Emphasis in original.]Although the inquirer has separated his inquiry into three questions, it is more appropriate to examine the proposal in its entirety. This will help bring the interests and issues involved more clearly into focus.Generally speaking, a practicing attorney is not ethically precluded from also engaging in another, nonlaw business if certain ethical guidelines are observed. See, e.g., Florida Ethics Opinion 88-15. An attorney who wishes to refer law practice clients to another business in which the attorney has an interest, though, obviously faces a potential conflict of interest. In its advisory opinions, the Professional Ethics Committee of The Florida Bar has recognized this potential conflict but has indicated that such a referral is not ethically prohibited, provided that the referral is in the best interest of the client and that the attorney’s personal interest in the transaction is fully disclosed to the client. See Florida Ethics Opinions 72-26; 73-1.The issue of an attorney’s business transactions with clients is now specifically addressed in the Florida Rules of Professional Conduct (Chapter 4, Rules Regulating The Florida Bar). Rule 4-1.8(a) provides: (a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client, except a lien granted by law to secure a lawyer’s fee or expenses, unless: (1) The transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner which can be reasonably understood by the client; (2) The client is given a reasonable opportunity to seek the advice of independent counsel in the transaction; and (3) The client consents in writing thereto. An attorney may enter into a business transaction with a client in accordance with the above rule, however, only if the requirements of the general conflict of interest rule, Rule 4-1.7, can be satisfied. Rule 4-1.7(b) provides: (b) A lawyer shall not represent a client if the lawyer’s exercise of independent professional judgment in the representation of that client may be materially limited by the lawyer’s responsibilities to another client or to a third person or by the lawyer’s own interest, unless: (1) The lawyer reasonably believes the representation will not be adversely affected; and (2) The client consents after consultation. [Emphasis added.] Rule 4-1.7(b) permits an attorney to undertake or continue representations which involve a potential conflict between the attorney’s personal interests and those of the client—such as an attorney-client business transaction—only if both conditions of this rule are satisfied. The comment to Rule 4-1.7 points out that, in some situations, it is improper for an attorney to ask a client to consent to representation notwithstanding an actual or potential conflict. The comment provides in pertinent part:A client may consent to representation notwithstanding a conflict. However, as indicated in paragraph (a)(1) with respect to representation directly adverse to a client and paragraph (b)(1) with respect to material limitations on representation of a client, when a disinterested lawyer would conclude that the client should not agree to the representation under the circumstances, the lawyer involved cannot properly ask for such agreement or provide representation on the basis of the client’s consent.Ordinarily it would not be prohibited for the inquiring attorney to sell insurance to his law firm clients in accordance with the requirements of Rule 4-1.8(a). However, when the inquirer’s proposal is considered in its entirety, ethical problems are apparent. Advising a client regarding the amount of insurance that the client needs, and then selling that client the insurance, presents an inherent conflict of interest. This is one of those conflicts, referred to in the above-quoted comment, that cannot be cured by asking for the client’s consent. A disinterested attorney would recognize that an attorney should not put himself into such a position of conflict. Such a conflict exists regardless of whether the attorney advising the client is the firm member who owns the interest in the insurance agency. Rule 4-1.10(a).The conflict between the attorney’s personal interests and those of the client is highlighted by the inquiring attorney’s indication that his firm also desires to be hired by the insurance company (to whom the attorney, as insurance agent, would owe a fiduciary duty) for the purpose of representing the client (to whom the attorney, as attorney, would owe a duty of undivided loyalty).To summarize: Although it is not unethical per se for an attorney to engage in business transactions with a client, the proposal presented by the inquiring attorney is fraught with conflict problems and, consequently, it would be unethical for the inquirer to undertake the proposed course of conduct. See Florida Ethics Opinion 72-21. OPINION 62-1 June 29, 1962 A lawyer should withdraw as counsel when it becomes necessary for him to testify to material facts on behalf of a client. Canon: 19 Opinion: ABA 220 Vice-Chairman Smith stated the opinion of the committee: A member of The Florida Bar inquires whether it is necessary for him to withdraw as counsel of record in a case in which it now appears that it will be necessary for him to testify on behalf of his client.It is the opinion of the Committee that he should withdraw entirely from the case and allow it to be prosecuted thereafter by attorneys to whom the matter has been or will be referred. Canon 19 of the Canons of Professional Ethics provides that when a lawyer is a witness for his client, except as to merely formal matters, he should leave the trial of the case to other counsel. The situation involved has frequently come before ethics committees and is treated in great detail in Opinion 220 of the Professional Ethics Committee of the American Bar Association. Florida cases having bearing on the matter may be found in connection with Dudley v. Wilson, 13 So.2d 145 (Fla. 1943).Although there are circumstances under which a lawyer may testify on behalf of his client and still remain connected with the case, it appears that in this situation the testimony is most material. It is our feeling, therefore, that both the letter and the spirit of the Canons of Professional Ethics require the lawyer’s withdrawal from the matter. The Professional Ethics Committee has issued Proposed Advisory Opinions 06-1 and 06-2 (reprinted below) at the request of The Florida Bar Board of Governors. Pursuant to Rule 4(c) and (d) of The Florida Bar Procedures for Ruling on Questions of Ethics, comments from Florida Bar members are solicited on the proposed opinion. The committee will consider any comments received at a meeting to be held at 2 p.m. on Friday, June 23, in conjunction with the Bar’s Annual Meeting at the Boca Raton Resort & Club. Comments must contain the proposed advisory opinion number and clearly state the issues for the committee to consider. A written argument may be included explaining why The Florida Bar member believes the committee’s opinion is either correct or incorrect and may contain citations to relevant authorities. Comments should be submitted to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300, and must be postmarked no later than May 31. Professional Ethics of The Florida Bar Proposed Advisory Opinion 06-01 (April 10, 2006) The Professional Ethics Committee has been directed by The Florida Bar Board of Governors to issue an opinion regarding electronic storage of law firm files. The bar has received many inquiries regarding electronic storage of law firm files in the wake of natural disasters, such as hurricanes. Some lawyers have asked whether they may store files exclusively electronically, without retaining a paper copy.There are very few Rules Regulating The Florida Bar that address records retention. Rule 4-1.5(f)(4) requires that lawyers retain copies of executed contingent fee contracts and executed closing statements in contingent fee cases for 6 years after the execution of the closing statement in each contingent fee matter. Additionally, lawyers who are paid by insurance companies to represent insureds must retain a copy of the Statement of Insured Client’s Rights that the lawyer has certified was sent to the client for 6 years after the matter is closed. Rule 4-1.8(j), Rules of Professional Conduct. Copies of advertisements and records of the dissemination location and dates must be retained for 3 years after their last use. Rule 4-7.7(h), Rules of Professional Conduct. Finally, trust accounting records must be retained for 6 years following the conclusion of the matter to which the records relate. Rule 5-1.2(d), Rules Regulating The Florida Bar.The Rules Regulating The Florida Bar, with limited exception, do not specify the method by which records must be retained. As an example of an exception, Rule 5-1.2(b)(3) requires that lawyers retain original cancelled trust account checks, unless the financial institution they are drawn on will provide only copies.The committee has indicated in prior opinions that “the attorney must place primary emphasis on the desires of the client.” Florida Ethics Opinion 81-8. The committee has further determined that lawyers should make diligent attempts to contact clients to determine their wishes regarding file retention before the lawyer destroys any closed files. Florida Ethics Opinions 63-3, 71-62, and 81-8. These opinions are silent as to the method of file retention.Many opinions from other states address records retention issues and, more specifically, whether files may be stored electronically as opposed to paper copies. These opinions, too numerous to cite, raise issues specific to electronic document retention that the committee finds worthy of mention. The opinions generally conclude that, with appropriate safeguards, electronic document retention is permissible. See, e.g., ABA Informal Ethics Opinion 1127 (1970) (Lawyers may use company that stores attorney files on computer as long as the material is available only to the particular attorney to whom the files belong and the company that has procedures to ensure confidentiality and to admonish the company that confidentiality of the files must be preserved); New York County Ethics Opinion 725 (1998) (Permissible for a lawyer to retain only electronic copies of a file if “the evidentiary value of such documents will not be unduly impaired by the method of storage”); New York State Ethics Opinion 680 (1996) (Client’s file may be stored electronically except documents that are required by the rules to be kept in original form, but lawyer should ensure that documents stored electronically cannot be inadvertently destroyed or altered, and that the records can be readily produced when necessary); and North Carolina Ethics Opinion RPC 234 (1996) (Closed client files may be stored electronically as long as the electronic documents can be converted to paper copies, except for “original documents with legal significance, such as wills, contracts, stock certificates”).This committee concludes that the main consideration in file storage is that the appropriate documents be maintained, not necessarily the method by which they are stored. Therefore, a law firm may store files electronically unless: a statute or rule requires retention of an original document, the original document is the property of the client, or destruction of a paper document adversely affects the client’s interests.The committee agrees with other jurisdictions that have noted practical considerations involved in electronic file storage. The committee cautions lawyers that electronic files must be readily reproducible and protected from inadvertent modification, degradation or destruction. The lawyer may charge reasonable copying charges for producing copies of documents for clients as noted in Florida Ethics Opinion 88-11 Reconsideration. Finally, lawyers must take reasonable precautions to ensure confidentiality of client information, particularly if the lawyer relies on third parties to convert and store paper documents to electronic records. Rule 4-1.6, Rules of Professional Conduct.The committee encourages the use of technology, such as electronic file storage, to facilitate cost-effective and efficient records management. However, the committee is of the opinion that a lawyer is not required to store files electronically, although a lawyer may do so. FLORIDA BAR PROFESSIONAL ETHICS COMMITTEE PROPOSED ADVISORY OPINION 06-2 (April 10, 2006) The Board of Governors of The Florida Bar has directed the committee to issue an opinion to determine the ethical duties of lawyers when they send and receive electronic documents from other lawyers in the course of representing their clients. These ethical responsibilities are now becoming issues in the practice of law where lawyers may be able to “mine” metadata (information about information) from electronic documents sent by e-mail. Metadata has been defined as “information describing the history, tracking, or management of an electronic document.” 1 M etadata can contain information about the author of a document, and can show, among other things, the changes made to a document during its drafting, including what was deleted from or added to the final version of the document, as well as comments of the various reviewers of the document. Metadata may thereby reveal confidential and privileged client information that the sender of the document or electronic communication does not wish to be revealed. 2 This opinion does not address uses of metadata that is discoverable under applicable rules or is admissible in a trial or arbitration.The Florida Rules of Professional Conduct require lawyers to protect the secrets and confidences of their clients. Rule 4-1.6(a) provides as follows: (a) Consent Required to Reveal Information. A lawyer shall not reveal information relating to representation of a client except as stated in subdivisions (b), (c), and (d), unless the client consents after disclosure to the client. The Comment to Rule 4-1.6 further provides: A fundamental principle in the client-lawyer relationship is that the lawyer maintain confidentiality of information relating to the representation. The client is thereby encouraged to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter. In order to maintain confidentiality under Rule 4-1.6(a), Florida lawyers must take reasonable steps to protect client confidences in all types of documents and information that leave the lawyers’ offices, including electronic documents and electronic communications with other lawyers and third parties. The duties of a lawyer when sending an electronic document to another lawyer and when receiving an electronic document from another lawyer are as follows: (1) It is the sending lawyer’s obligation to take reasonable steps to safeguard the confidentiality of all communications sent by electronic means to other lawyers and third parties and to protect from other lawyers and third parties all confidential information, including information contained in metadata, that may be included in such electronic communications. (2) It is the recipient lawyer’s concomitant obligation, upon receiving an electronic communication or document from another lawyer, not to try to obtain from metadata information relating to the representation of the sender’s client where the recipient knows or should know that the information is not intended for the recipient. Any such metadata is to be considered by the receiving lawyer as confidential information which the sending lawyer did not intend to transmit. See, Ethics Opinion 93-3 and Rule 4-4.4(b), Florida Rules of Professional Conduct, effective May 22, 2006. 3 This opinion does not address uses of metadata that is discoverable under applicable rules or is admissible in a trial or arbitration. The foregoing obligations may necessitate a lawyer’s continuing training and education in the use of technology in transmitting and receiving electronic documents in order to protect client information under Rule 4-1.6(a). As set forth in the Comment to Rule 4-1.1, regarding competency: To maintain the requisite knowledge and skill [for competent representation], a lawyer should engage in continuing study and education. Advisory Ethics Opinions Withdrawn by the Committee The Professional Ethics Committee withdrew Florida Ethics Opinions 90-7 and 62-1 (reprinted below) at its meeting on April 10, 2006. 1 The Sedona Guidelines: Best Practice Guidelines and Commentary for Managing Information and Records in the Electronic Age, Appendix F (The Sedona Conference Working Group Series, Sept. 2005 Series, available athttp://www.thesedonaconference.org. The Microsoft Word and Microsoft Office online sites also contain detailed information about metadata, showing examples of metadata that may be stored in Microsoft applications and explaining how to remove this information from a final document. Examples of metadata that may be hidden in Microsoft documents include the name of the author, the identification of the computer on which the document was typed, the names of previous document authors and revisions to the document, including prior versions of a final document. 2 Further references regarding metadata and eliminating metadata from documents may be found on Microsoft’s user support websites athttp://support.microsoft.com/kb/290945 andhttp://support.microsoft.com/kb/q223790/. See also, Michael Silver, “Microsoft Office metadata: What you don’t see can hurt you” Tech Republic Gartner 2001 http://techrepublic.com.com/5100-1035_11-5034376.html. The court’s discussion of metadata in Williams v. Sprint/United Management Company, 230 F.R.D. 640 (2005) is also very helpful. 3 The ethical implications of such hidden information in electronic documents have been discussed in legal journals and ethics opinions in other states, The New York Bar Association has issued Opinion 749 (2001), which concluded that attorneys may not ethically use computer software applications to surreptitiously “mine” documents or to trace e-mail. New York Ethics Opinion 782 (2004), further concluded that New York lawyers have a duty to use reasonable care when transmitting documents by e-mail to prevent the disclosure of metadata containing client confidences or secrets. Legal commentators have published articles about ethical issues involving metadata. David Hricik and Robert B. Jueneman, “The Transmission and Receipt of Invisible Confidential Information,” 15 The Professional Lawyer No. 1, p. 18 (Spring 2004). See also, Brian D. Zall, Metadata: Hidden Information in Microsoft Work Documents and its Ethical Implications, 33 Colo. Lawyer No.10, p. 53 (Oct. 2004). April 30, 2006 Regular News Ethics Advisory Opinions deal with firm e-files and metadata Ethics Advisory Opinions deal with firm e-files and metadatalast_img read more

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Market

first_imgAlgeria: SNTF is negotiating to buy signalling equipment for 33 stations between El Affroun and Oued Tlelat from Siemens Austria for Sch1bn.Australia: Queensland Rail has awarded two contracts worth A$217 to Walkers-Adtranz Pty Ltd for 90 EMU cars for Brisbane. Westrail has ordered 10 EMU cars from Walkers-Adtranz for the Perth suburban network at a cost of A$32·8m. Victoria’s Ministry of Transport has let contracts worth A$10m for upgrading the Flemington Bridge – Upfield route. GEC Alsthom is to provide new signalling, with Adtranz upgrading overhead electrification and John Holland Construction doubling 2 km from Fawkner to Gowrie. Belgium: SNCB has ordered 55000 prestressed concrete sleepers from British supplier Tarmac Precast Concrete.Bolivia: Empresa Ferroviaria Oriental has called tenders for supply of 200 boxcars, 200 hoppers, 75 flat and 45 open wagons. Brazil: MRS Logística has selected Iochpe-Maxion to refurbish 800 wagons with options for another 1200 .Canada: CN and CP have jointly invited tenders for repair and overhaul of train control and communications equipment.CN has awarded a seven-year resleepering contract to Fairmont Tamper, covering the supply of materials and equipment and the management of CN work crews.France: SAB is to supply brakes, pneumatic controls, resilient wheels, doors and couplings for 20 Eurotrams being built for Strasbourg by Adtranz.Germany: DB has taken delivery of the first of 500 wagons from DWA’s Niesky works for transport of china clay to Italy.Great Britain: Tiphook Rail has ordered 35 pocket wagons from Transtech of Finland to carry 9ft 6in high containers. Railtrack is inviting tenders by August 26 for four-year track renewal contracts worth a total of up to £1bn.Railtrack has awarded a £40m contract to Tarmac for resignalling at Manchester Victoria. Solid-state interlockings will be supplied by GEC Alsthom Signalling.Hungary: MAV-Adtranz Dunakesi wagon works has started assembly of 15 type Z1 coaches as part of a MAV order for 50 from DWA funded by a German credit.Israel: IR has ordered five IC3 Flexliner DMUs from Adtranz for DKr160m; they will be assembled by Ramta at Beer Sheva.New Zealand: Tranz Rail has purchased 17 diesel locos from QR; eight will be used to haul milk trains for Kiwi Dairy.Russia: RZD has ordered track maintenance machines from MTH Praha of the Czech Republic for KC1·77bn, including 60 ballast cleaners and 50 brush cutters. Work will be shared with PRMZ Kaluga.Switzerland: Alusuisse has a contract to develop the bodyshell and interior design for Germany’s Transrapid 08 test vehicle.Turkey: TCDD has ordered 40000 tonnes of rail from Czech manufacturer Trinecké Zelezlast_img read more

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Egyptian court upholds Morsi’s death sentence

first_imgIn spite of the outpouring international backlash authorities in Cairo appear keen to continue their crack down on the Muslim brotherhood, the group which sponsored Morsi’s rise to power. CCTV’s Adel El Mahrouky reports Kenya’s Supreme Court declares mandatory death sentence unconstitutional Related Court postpones Morsi death sentence confirmation Egyptian court confirms Morsi’s 20-year prison sentencelast_img

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Bacolod City gov’t imposes 6-hour COVID-19 curfew

first_imgPolice checkpoints were also put up instrategic areas of the City to enforce necessary quarantine measures. Exemptedare call center agents whose duty fall under curfew hours, health workers,emergency response personnel of government, accredited media practitioners; fire fighters and other disaster relief personnel; priests andministers performing last sacraments for last rites; and public utility vehicledrivers servicing. Parents or guardians shall take properresponsibility over their minor children onwards in observing the curfew. City police are also visible at nightpatrolling major thoroughfares and streets. Under Mayor Evelio Leonardia’s ExecutiveOrder (EO) No. 22, a curfew from 10 p.m. until 4 a.m. for all residents isenforced. To ensure they follow the order, somevillage officials are knocking on the door of every home to reiterateLeonardia’s policy to strictly observe home quarantine.center_img The early closure of businesshours in all malls and other commercial areas are directed to limit theirdaily operational hours to 8 p.m./PN BACOLOD City – Residents here areencouraged to just stay home and observe curfew hours to contain the spread ofcoronavirus disease 2019 (COVID-19). Stringent social distancing must bestrictly observed. City residents are strongly encouraged to stay at home, andare advised to only come out for work, to buy their daily needs and supplies,or to go to medical establishments. Leonardia cited in his EO that anyperson failing or refusing to observe this curfew measure may be dealt withappropriately by the Philippine National Police as regards the inimicalact committed in violation of public order. last_img read more

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#Donkomi: Fiorentina sign Alfred Duncan on loan

first_imgThe 26 year old joined Sassuolo in 2015 and made 130 appearances over the period in all competitions, scoring 8 goals.The former Inter Milan youth product joins countryman Kevin Prince-Boateng, at the Artemio Franchi, after Prince Boateng’s switch to Fiorentina last summer. Italian Serie A side, Fiorentina, have announced the signing of Ghana international, Alfred Duncan from fellow Serie A side Sassuolo.Duncan joins the Florence side on an initial loan deal with an option to purchase for around 16 million Euros.last_img

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