Pasadena Sees 2 Weeks Without a COVID-19 Fatality; 6 New Cases Reported

first_imgCommunity News Pasadena Sees 2 Weeks Without a COVID-19 Fatality; 6 New Cases Reported By BRIAN DAY Published on Wednesday, August 19, 2020 | 4:20 pm More Cool Stuff Health officials reported a half-dozen new COVID-19 infections on Wednesday, as the city saw two full weeks without a reported fatality, authorities said.A total of 2,254 novel coronavirus infections and 111 deaths have been reported in Pasadena since the onset of the pandemic in March, according to city data. The last COVID-19 death in the city was reported on Aug. 5.City spokeswoman Lisa Derderian said she welcomed the news, but urged the public to remain focused and not backslide on the social distancing measures that appear to be making an impact.“That’s finally a positive milestone, but we need to maintain zero fatalities for several weeks to declare defeat over the virus,” Derderian said.Labor Day weekend is fast approaching, and Derderian said thus far, virus surges have coincided with holidays.“These long weekends bring higher numbers after the fact, as much as we instill the need to avoid gatherings and take other precautions that are proving to be effective,” she said.Wednesday’s data brought the city’s seven-day average daily case rate down a percentage point to 15.4.Pasadena saw a peak of 80 cases reported on May 20, the data shows. The highest single-day death toll of eight fatalities was reported on April 30.Huntington Hospital data showed 36 COVID-19 patients being treated on Wednesday, with six tests pending.Los Angeles County public health officials reported 1,956 new infections and 61 additional deaths. The count included about 100 cases that were backlogged from the previous day.In all, the county had seen 225,827 infections and 5,392 deaths, according to the L.A. County Department of Public Health.There were 1,378 COVID-19 patients hospitalized in the county on Wednesday, with 32 percent of them in intensive care units, according to the agency.With more than 2.1 million tests administered, L.A. County’s overall positivity rate remained at 10 percent.The California Department of Public Health announced 6,164 new infections statewide on Wednesday, along with 181 deaths.The state had recorded a total of 638,831 cases of COVID-19 and 11,523 deaths.Officials reported 6,479 Californians were hospitalized, with confirmed or suspected coronavirus, with 1,761 of them — or 27 percent — being treated in intensive care units.The state’s positivity rate over the past seven days stood 6.3 percent, officials said. The 14-day rate was 6.6 percent.Based on available data, Los Angeles County accounted for 35 percent of California’s COVID-19 infections and 47 percent of the state’s fatalities. Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena Make a comment STAFF REPORT Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Your email address will not be published. Required fields are marked * Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. Business News CITY NEWS SERVICE/STAFF REPORT Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday HerbeautyStop Eating Read Meat (Before It’s Too Late)HerbeautyHerbeautyHerbeauty6 Lies You Should Stop Telling Yourself Right NowHerbeautyHerbeautyHerbeauty9 Of The Best Metabolism-Boosting Foods For Weight LossHerbeautyHerbeautyHerbeautyThe Most Heartwarming Moments Between Father And DaughterHerbeautyHerbeautyHerbeauty15 Countries Where Men Have Difficulties Finding A WifeHerbeautyHerbeautyHerbeauty10 Easy Tips To Help You Reset Your Sleep ScheduleHerbeautyHerbeautycenter_img Community News Top of the News Community News 20 recommended0 commentsShareShareTweetSharePin it Name (required)  Mail (required) (not be published)  Website  Subscribe faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Donald CommunityPCC- COMMUNITYVirtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPasadena Public WorksPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS STAFF REPORT First Heatwave Expected Next Week last_img read more

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Which Region Has the Best Return on Rental Investment?

first_imgSubscribe The Week Ahead: Nearing the Forbearance Exit 2 days ago  Print This Post The Best Markets For Residential Property Investors 2 days ago in Daily Dose, Featured, Journal, Market Studies, News With rising home prices and insufficient inventory hampering homebuyers in markets across the country, investment opportunities within the rental space are abundant. But which metros are the best places to invest? HouseCanary’s Canary Rental Index (CRI) for Q1 2018 shines a light on where the rental market is booming—and where it’s not.Soaring home prices and limited inventory seems like a surefire combo to spur the rental market, with some would-be homebuyers having to rent while they save up for a larger down payment or just keep hunting to find the right home for them. However, HouseCanary’s Canary Rental Index points out that this assumption doesn’t always play out that way, as not all markets are created equal.Nationwide, the effective gross yield (EGY) for rental investments is 7.7 percent, according to the Q1 2018 CRI. According to HouseCanary, the effective gross yield calculations “include rental expenses (like the price of the home and state and local tax levies), then determines what kind of return on investment a rental investor can expect given the local fair-market rental value of homes.”ROI varies significantly even within individual markets and doesn’t always correspond solely with increasing home prices. Using the Denver-Aurora-Lakewood, Colorado, metropolitan-statistical area (MSA) as an example, the HouseCanary CRI found that, while Colorado as a whole has shown an 8 percent growth increase in home prices year-over-year, the Denver neighborhoods of Franktown, Castle Rock, and Westminster were sitting around 5.1 percent price growth. The 80218 ZIP code on the north side of the city came in at 11.8 percent growth year-over-year.However, HouseCanary found that the EGY for rental investors for the 80218 ZIP code was only 5.8 percent. The 80219 ZIP code, “which encompasses the Barnum, Westwood, Mar Lee, and Harvey Park neighborhoods,” shows a rental EGY that aligns with the national average at 7.7 percent. Moreover, the highest rental EGY within the Denver MSA is actually found in the Eastern plains, almost an hour outside of the city proper—that’s where rental investors can average an EGY of 11.3 percent.“Recovery from the housing crisis has happened at a different pace for each state and even each metro area within each state,” HouseCanary’s CRI report states. “Prices are growing more quickly in some places than in others, and in MSAs where recovery has been most robust (and even in surrounding metros), price growth is probably not the best metric to use for rental investors seeking a new property to buy and hold. Although the EGY for the country as a whole was 7.7 percent in Q1 2018, the variance in the Mountain West shows the danger of relying on an average—there are metros with much better (and much worse) EGY and gross yield than the 7.7 percent national average.”So, which metros are showing the strongest rental EGY? Of the 50 metros listed in the Q1 CRI report, Kansas City, Missouri-Kansas showed a 14.1 percent yield, a 2.5 percent quarter-over-quarter increase. Pittsburgh, Pennsylvania, is right behind Kansas City with a 14.0 percent yield and a 1.7 percent quarter-over-quarter increase. Other MSAs demonstrating a yield above 10 percent include Memphis, Tennessee-Mississippi-Arkansas (13.3 percent); Birmingham-Hoover, Alabama (12.3 percent); Buffalo-Cheektowaga-Niagara Falls, New York (11.9 percent); Cleveland-Elyria, Ohio (11 percent); Indianapolis-Carmel-Anderson, Indiana (10.9 percent); St. Louis, Missouri-Illinois (10.7 percent); Rochester, New York (10.7 percent); and Oklahoma City, Oklahoma (10.1 percent).On the other end of the spectrum, the San Jose-Sunnyvale-Santa Clara, California, MSA showed the lowest yield of those markets reported on in the Q1 CRI. Yield within San Jose-Sunnyvale-Santa Clara was only 2.8 percent, down 0.7 percent quarter-over-quarter.You can download the full HouseCanary Q1 Canary Rental Index by clicking here. Canary Rental Index HouseCanary Q1 2018 rental investments Single Family Rental 2018-05-10 David Wharton Demand Propels Home Prices Upward 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago About Author: David Wharton Related Articles Data Provider Black Knight to Acquire Top of Mind 2 days ago Previous: Finding the Right Balance in Servicing Technology Next: Energy Efficiency vs. Home Affordability Tagged with: Canary Rental Index HouseCanary Q1 2018 rental investments Single Family Rentalcenter_img Sign up for DS News Daily Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Home / Daily Dose / Which Region Has the Best Return on Rental Investment? Demand Propels Home Prices Upward 2 days ago The Best Markets For Residential Property Investors 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Share Save Data Provider Black Knight to Acquire Top of Mind 2 days ago David Wharton, Managing Editor at the Five Star Institute, is a graduate of the University of Texas at Arlington, where he received his B.A. in English and minored in Journalism. Wharton has over 16 years’ experience in journalism and previously worked at Thomson Reuters, a multinational mass media and information firm, as Associate Content Editor, focusing on producing media content related to tax and accounting principles and government rules and regulations for accounting professionals. Wharton has an extensive and diversified portfolio of freelance material, with published contributions in both online and print media publications. Wharton and his family currently reside in Arlington, Texas. He can be reached at [email protected] May 10, 2018 3,899 Views Which Region Has the Best Return on Rental Investment?last_img read more

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Lena Hall & More Tapped for Sarah Ruhl’s How to Transcend a Happy Marriage

first_img Marisa Tomei Star Files View Comments Lena Hall(Photo: Emilio Madrid-Kuser) Related Showscenter_img Show Closed This production ended its run on May 7, 2017 A starry cast is set for Sarah Ruhl’s new play How to Transcend a Happy Marriage; as previously announced, directed by Rebecca Taichman at Lincoln Center Theater. Performances are scheduled to begin on February 23 at the Mitzi E. Newhouse Theater. Opening night will take place on March 20.The cast is composed of Oscar winner Marisa Tomei, Tony winner Lena Hall, Tony nominee Omar Metwally, Brian Hutchison, David McElwee, Naian González Norvind, Austin Smith and Robin Weigert.The new work takes place at a dinner party in the wilds of New Jersey where two married couples (played by Tomei, Metwally, Weigert and Hutchinson) discuss a younger acquaintance: a polyamorous woman who also hunts her own meat (Hall). Fascinated, they invite this mysterious woman and her two live-in boyfriends to a New Year’s Eve party, which alters the course of their lives.The creative team features set designer David Zinn, costume designer Susan Hilferty, lighting designer Peter Kaczorowski, sound designer Matt Hubbs and composer Todd Almond. How To Transcend a Happy Marriagelast_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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Joe Biden getting the Cabinet he wants

first_img– Advertisement – Consider Pennsylvania Sen. Pat Toomey, who is retiring rather than running again in 2022, and has been one of the few to say “yeah, Biden won.” In an interview Wednesday, Toomey said that Cabinet picks are a “shared responsibility” between the president and the Senate majority. Which is bullshit. The president picks his Cabinet. “So I think people who are well outside of the political mainstream don’t belong in really important, senior-level, Cabinet-type posts. And that’s why that will be an ongoing discussion, I think, between a Republican Senate and Joe Biden,” Toomey added.Then there’s Sen. Ron Johnson, the Republican from Wisconsin, who doesn’t even think Biden should be getting the intelligence briefings he is entitled to as president-elect—and who is far too stupid to be in charge of a committee like Homeland Security, which he is, indeed, in charge of! “In general, from what I’ve seen, intelligence briefings are really not worth a whole hell of a lot,” he told reporters. “Based on what we see in the SCIF, they don’t have much value.” If nothing else, we need to take the Senate back so this bonehead doesn’t do any more harm to national security.- Advertisement – So, yeah. Let’s get Jon Ossoff and Raphael Warnock elected!last_img read more

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