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have just nished an annual project, a time-consuming, race-
to-the-nish-line kind of project thats eaten up most of your
and your colleagues energy for months. And after countless
hours of effort, months of planning and every dime of your
budget spent, you can consider the project closed.
But you have a nagging voice in your head telling you that,
although it went off without a hitch and your boss is happy
with your teams efforts, something wasnt quite right. The
project t the textbook denition of success, but it was
missing something.
In short, the end result could have been so much more, butyou and your team settled for doing what youve always done,
andat least to youit showed.
Clearly, the project was missing a spark. And, as the teams
leader, its up to you to create that spark. Before the next
project comes along, then, you need to b one up on your
innovation inspiration abilities.
This edition of Straightline will explore how to be more
creative in your own work and inspire creativity in others.
Well also examine the other side of that same coinhow to
play devils advocate when everybody else is on board with
an idea that you believe has some gaping holes.
Tennis provides a good analogy, Lois P. Frankel, author of
Nice Girls Just Dont Get It, tells Straightline. If you hit to
a players backhand corner, shes less likely to be able to hit
it back, she says. But youre also more likely to go out of
bounds (and fail) than if you hit to the middle of the court.
If youre not playing your game at the edge, youre playingit too safe, Frankel says. We all reach a point in our careers
where we can do our jobs with our eyes closed. But when youve
been in an organization for a period of time, you have per-
mission to go out of bounds every now and then. You need
to do it carefully, keeping consistent with the culture, but
you can go out of bounds every once in a while.
If youre going to be a strong leader, you cant be in the
middle of the eld, she says. People follow people who are
at the edge.
Innovation begins at home
Creativity starts, of course, with ourselves. And when were
already tapped out, its difcultto put it lightlyto ask
ourselves what more can I be doing? Fortunately, creativity
doesnt always mean more work. In many ways, it can actually
mean less, either by nding a simpler, more efcient way to
get a task done or by delegating it to someone who excels at
that particular skill or who will bring her own avor to it.
Whether youre a CEO or a dozen rungs down from there,
whether you work in HR or engineering, you can always
bring more creativity to your work. The end result may or
may not revolutionize your company, but the mere act of
asking why or why not can bring about much-needed
change and head off stagnation.
Actress Tina Fey, in her memoir Bossypants, says improv
comedy offers plenty of real-world pointers on becoming more
creative in the workplace. The rst is to agree with whatever
your partner has created.
So if were improvising and I say Freeze, I have a gun, and
you say Thats not a gun. Its your nger. our improvised
scene has ground to a halt. But if you say The gun I gave
you for Christmas! then we have started a scene because
we have AGREED that my nger is in fact a Christmas gun.
2011. Produced by Andrews Kurths Womens Initiative Team.
Womens Initiative Team09|2011 www.andrewskurth.com
Positive Rebellion continued on page 2
Now, obviously in real life youre not always going to agree
with everything everyone says. But the Rule of Agreement
reminds you to respect what your partner has created
and to at least start from an open-minded place. Start with
a YES and see where that takes you.
If your company doesnt have an overall culture of en-
couraging and rewarding creativity, youll have to work on a
smaller scaleeither by infusing your team or department
with a creative mindset or just yourself and another colleague.
Some tips for nurturing creativity from
corporate trainer Michael Kerr:
1. Become a browser of information. Pick up ideas and
intelligence from a variety of sources, from the Wall
Street Journalto theLadies Home Journal.
Getting the Best Out ofYourself and Your Team,
Whether Its Sparking
Innovation or Heading
Off DisasterStraightline is a publication from Andrews Kurth
for women, by women. We will give you the
bottom line on womens issues, be on the front
line for timely substantive legal topics, and serve
as the hotline for rm news. Well introduce
you to fresh faces at Andrews Kurth, provide a
pipeline of topical legal updates, and promise
to infuse some fun features, facts and resourcesalong the way. So join us for what promises to
be Straight Talk on womens issues. No lawyer-
speak. No double talk. Just the most direct line
between you and our women lawyers.
Welcome to
Straightline
Being boldwhether itsstriving for more creativityor speaking up when a plan
is headed for troubleisntfor the timid.
YOU
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From back-to-basics conditioning and everyday outdoor exercise to building
a personal brand through social media and winning the lie you want, these
titles provide practical advice to boost your personal and proessional ulfllment.
2011. Produced by Andrews Kurths Womens Initiative Team.
SidelinesPositive Rebellion
Continued from page 1
The rm recently earned the Lifetime Achievement
Award presented by the Law Firm Initiative of the
United Way of Greater Houston at the groups Thank
You Reception & Awards Ceremony on April 4, 2011.
The rm received the award based on its longstand-ing support of the United Way, including its history of
total dollars raised, ongoing sponsorship of Law Firm
Initiative events, and individual rm members service
on the United Way board. The rm also earned The
Law Firm Initiatives Alexis de Tocqueville Award
for having the largest number of new Alexis de
Tocqueville Society members this past year. Callie
Parker (Houston)and Adam Laird led the Young
Leaders campaign for the rm.
Doris Rodrguez (Houston)served as a panelist
for Doing Deals Across BordersNuts & Bolts
of Cross-Border Transactions at the Asian Pacic
Interest Section of the State Bar of Texas Annual
Conference on April 16, in Austin.
The DC ofce participated in the Greater DC Cares
Servathon on April 16. Servathon is the largest
community service event of the Greater DC Cares
Organization, which has been the leading and largest
coordinator of volunteerism in the region for 21 years.
This years Servathon brought together 8,023 volun-
teers, scattered across the region impacting nonprots
and school and community-based organizations.
Gail Merel (Houston)was honored at the national
Working Group on Legal Opinions (WGLO) Spring
Seminar in New York City on May 3 for her work
as editor of 10 successive volumes of program materi-
als for the WGLO Seminar Series. Gail once again
served as Co-Chair of the Seminar, as well as Chair
of the Committee on Common Qualications to the
Remedies Opinion, and participated in meetings of
the WGLO Steering Committee and Law Firm Ad-
visory Board representing the Business Law Section
of the State Bar of Texas and Andrews Kurth.
Wei Wei Jeang (Dallas)spoke at the Spring Meeting
of the American Intellectual Property Law Association
(AIPLA) on the topic of Willful Infringement, Enhanced
Damages, and Attorneys Feesthe One, Two, Three-
Punch of Patent Litigation. The conference was held
May 1214 in San Francisco, California.
On May 17, Michele Schwartz (Dallas) spoke at the
Dallas Area Paralegal Association General Membership
Meeting in Dallas, Texas. Her presentation was entitled
Whats So Intellectual About This Property?
Angel Hall (Houston)participated on a panel enti-
tled Glass Ceilings & Glass Slippers: Creating and
Following Your Own Road Map to the Top! at the
2011 Spring Minority Counsel Program of the ABA
Commission on Racial and Ethnic Diversity held in
Miami, Florida, from May 1819.
Commentary: Little Ally McBeals All Grown Up, by
Kathleen J. Wu (Dallas), was published in the May 23
edition of Texas Lawyer. The article explores the evolu-
tion of leading female television characters as lawyers,
from the notable Ally McBeal in the 90s to the modern
Alicia Frollick of The Good Wife.
Vera Rechsteiner (Washington, DC)moderated apanel focused on nance at the Platts 14th Annual
Private Power in Central America conference in Panama
City, Panama, on June 9. Andrews Kurth was a sponsor
of this event again this year.
Contact information for all lawyers
can be found at andrewskurth.com.
1. WOMEN AT PLAYA Girls Guide to Everyday Outdoor Exercise to
Look Good, Feel Good, Sleep Well and Be Happy
by Joan Grifn
2. NICE GIRLS JUST DONT GET IT99 Ways to Win the Respect You Deserve, the
Success Youve Earned, and the Life You Want
by Lois P. Frankel, PHD, & Carol Frohlinger, JD
3. OUTDOOR FITNESSStep Out of the Gym into the Best Shape
of Your Life
by Tina Vindum
12
3
4
54. BRANDING YOURSELFHow to Use Social Media to Invent or Reinvent
Yourself
by Erik Deckers and Kyle Lacy
5. LIVING THE LIFE OF YOUR DREAMSThe Secrets to Turning Your Dreams into Reality
by Marilyn Tam
2. Establish a no sacred cows allowed policy that challenges
all rules, assumptions and (possibly) outdated thinking.
3. Hold regular brainstorming meetings, and the ground
rules are quantity over quality and no judging. Choose
your peak brain hours to brainstorm. If youre sluggish
at 3 p.m., dont brainstorm then.
4. Banish Weve always done it this way from your
vocabulary.
5. Hold meetings in different locations (have a picnic, go
for a walk, go to someones house, a museum, the zoo,
etc.) to change the scenery.
6. Ask a 5-year-old for ideas for a totally novel perspective.
7. Give people explicit permission to be creative. Dont
assume they have it.
If you need a little hand-holding from experts, a number of
smartphone apps offer daily tips and workshops for tapping
into your creative side. The $1.99 Creative Whack Pack App
(an app version of the popular creativity-inspiring deck of cards)
offers tips like See the Obvious and Get Out of Your Box,
with advice drawn from artists, philosophers, authors and
even fairy tales. Other apps include Afrmations for Creativity
and Creativity Portal.
BOOK NOOK
Are we sure about this?
The opposite of creativity is groupthink, when conventional
wisdom, momentum or other forces come together to shutdown innovation. While it can get things done, because
plans go through with little opposition, it can also let mistakes,
muddled logic or simply bad ideas bypass all lters.
The same forces that squelch creativitysuch as inertia and
traditionalso contribute to groupthink. But its one thing
to have a no-holds-barred brainstorming session with your
colleagues and quite another to be the only voice in the room
pointing out a fatal aw in a major corporate initiative.
How do you go from harboring reservations to asking Are
we sure about this? Lois Frankel suggests taking a tip from
Washington and do some lobbying to get support from key
inuencers before such a meeting. Women, she says, should
make a particular effort to get support from men as well as
women, lest it become a female initiative and potentially
dismissed by those in power.
In addition to lobbying, it pays to choose your words carefully.
Rather than I dont think this can work or similar objections,
use less accusatory phrases, such as Have we thought of this
scenario? And, nally, if youre going to raise an objection,
be ready to offer at least a couple of solutions, so youre seen
as a problem-solver and not merely a contrarian.
Ultimately, Frankel says, you have to decide if this is the hill
youre willing to die on.
If not, you may need to retreat for now, she says. It
doesnt mean youve lost the war. Sometimes when you back
off, doing so enables you to regroup. Now you know what
peoples objections are and you can collect more data. Now
you know who is on your side and who isnt.
Being boldwhether its striving for more creativity or speak-
ing up when a plan is headed for troubleisnt for the timid,
its crucial to bringing out the best in yourself and others.
64 creativity strategies that
will provoke and inspire your
thinking. Contains many,
many more stories, examples,
illustrations and questions.
In addition, it has features
such as a Whack of the
Day, creative workshops
and an in-depth index for
quick strategy retrieval.
Creative Whack Pack App
continued on page 3
Loosen Up
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Its never too early to start your holiday list. These fnds will spark your giting spirit.
9
2011. Produced by Andrews Kurths Womens Initiative Team.
Sidelines
Holiday Gift Preview
Top of the LineThe Washington, DC ofce participated in the American
Heart Associations Lawyers Have Heart on June 11.
Since 1991, the group has raised over $4.3 million, and
has featured thousands of Washington area private and
government lawyers, members of the Administration,Congress and the judiciary, legal assistants, law rm
administrators, legal secretaries, law students and mem-
bers of the general public. This year the event drew
over 5,000 participants. The Andrews Kurth team,
which participated in the 10K run and 5K fun walk,
included Leasa Anderson, Charles Crout, Shemin
Proctor, Lisa Purdy, Bill Rappolt and several guests.
Christine York (Houston) presented to the nursing
staff at Memorial Hermann Baptist Orange Hospital
on June 16, and the nursing staff at Cypress Fairbanks
Medical Center on June 23. Avoiding Documenta-
tion Pitfalls discussed proper nursing documentation,
how to avoid common documentation errors, and how
proper documentation can help protect nurses from
being named in a lawsuit. Christine also did a mock
deposition presentation for the nursing staff at Cypress
Fairbanks Medical Center.
Andrews Kurth sponsored and hosted a reception on
June 29 for the 2011 BIO International Convention
attendees from around the world. BIO is the largest
global event for the biotechnology industry, attracting
the biggest names in biotech and providing insights
and inspiration on major trends affecting the industry.
More than 500 people attended the reception, hosted
by David Concannon, Greg Porter, Matt Lyons, Andy
Tucker, Ping Wang (Washington, DC), Sean Wooden
and Michael Ye.
Andrews Kurth clients, attorneys and summer associates
gathered on July 14 to hear noted civil rights era gure
Clarence B. Jones recount the tumultuous years he spent
as a close advisor, condant and speechwriter for Dr.
Martin Luther King, Jr. Jones spoke about his experi-
ences during the U.S. civil rights movement, including a
thrill ing account of the hours leading up to Dr. Kings
historic I Have a Dream speech. Jones is the author
of Behind the Dream, a personal memoir of the
planning for the 1963 March on Washington and the
close relationship he shared with Dr. King.
On June 24, the rm hosted a reception for a highly
enthused cohort of high school students sponsored by
Just the Beginning Foundation, an organization devoted
to broadening the horizons of high school students
interested in law. Prior to the reception, Elizabeth
Campbell (Houston) conducted a session with the
12 students on rsum writing, interviewing skills andnetworking. The subsequent reception provided the
students an opportunity to practice networking as they
interacted with rm attorneys and three federal judges.
Eden Burgess (Washington, DC) has been appointed a
Professorial Lecturer in Law at The George Washington
University Law School. She will be teaching a seminar
entitled Art, Cultural Heritage and the Law starting in
Spring 2012.
Robin Russell (Houston)was appointed by the
Chief Judge of the Fifth Circuit to serve on the Merit
Selection Panel for a Bankruptcy Judge for the Southern
District of Texas to ll the vacancy created upon the
retirement of Judge Wes Steen. Circuit Judge Jerry
Smith and District Judge Melinda Harmon served onthe panel with her. They were tasked with reviewing
the applications and writing samples of 26 applicants,
interviewing the top 10, and writing a report to the
Fifth Circuit Judicial Counsel with their recommen-
dations. The new judge was announced at the recent
Fifth Circuit Judicial Conference.
6. FOR THE HOMEHampton Links Collection, $58$475
by Jill Rosenwald at jillrosenwald.com
Graphic and colorful, each handmade piece combines preppy
colors with the lines of Moorish architecture. A unique andbold addition to any mantel, shelf, ofce or counter.
7. FOR THE FOODIETrufe Gift Box, $49
by Gourmet Attitude at gilttaste.com
A triple foodie threat for both the fanatical connoisseur and
the trufe novice, this gift box offers olive oil, balsamic vinegar
and honey, all infused with the alluring fruit of the earth.
8. FOR THE ACCESSORY QUEENBuckle Bracelet Collection, $69$110
by Leighelena at leighelena.com
Designer Leigh creates unique arm candy with quality leathers,
silver and a variety of skins. Available in several sizes.
9. FOR THE SWEET TOOTH
The Cult Classic, $35by Liddabit Sweets at liddabitsweets.com
Born in Brooklyn of two self-proclaimed sweet tooths, enjoy a
tasty selection of favorite treats. Each gift box features one each
of the following: King bar, Snacker bar, 3.6-oz bag of Milk
Chocolate Honeycomb, and 6-packs of the famous Sea Salt
and Beer & Pretzel Caramels.
10. FOR THE READERClassics, $24$35
by Postertext at postertext.com
When the love of words spills into more than space on a
bookshelf, hang a favorite classic on the wall with the entire
text of the book wrapped around a notable scene sketched
from the plot.
1. FOR THE LOUNGERThe Original His is Hers Shirt, $98$133
by Claridge + King at claridgeandking.com
Tailored yet roomy, for a feminine twist on the classic dress
shirt. Finished with mother of pearl buttons and rounded cuffs.Add a monogram for a personalized touch.
2. FOR THE KIDSCustom Personal Stamp, $19
by Modern Art Stamps at modernartstamps.com
Kids of all ages can personalize goods from stationery to gift
tags and books with their stamp of approval. Each character
feature, including hair, accessories and name, is custom.
3. FOR THE PAPER LOVERCard for All Occasions Box, $98
by Sugar Paper at sugarpaper.com
The pretty paper box is not just for recipes anymore. This one
in white lacquer with dividers provides cards at a moments
notice. The box includes 5 letterpress cards, one in each of 5
categoriesBirthday, Thank You, Love, Baby and This & That.
4. FOR HIMVictorinox Secure 32GB Flash, $247
by Swiss Army at swissarmy.com
Gadgets galore in less than 3 inches. This small wonder includes
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5. FOR THE TRAVELERThe Weekender Tote, $195
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Inspired by Texas roots and Brooklyn life, the combination of
vegetable-tanned leather and blue-and-white striped cotton
ticking strikes a balance of durable and rened.
continued from page 2
1
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4
6
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Contact information for all lawyers
can be found at andrewskurth.com.
5
7/29/2019 Straightline Andrews Kurth
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swithmost
modernelectronicadvancements,cloudcomputinghasswiftly
becomeaforcethatcompaniescannotignore.Itsadoptionand
evolutionwillcontinuetogrowexponentially,asbusinesses
embraceitspotentialtostreamlinecorporatedataandtame
ITbudgets.Manycompaniesalreadyrelyoncloudcomputing
foratleastsomepartoftheiroperations.Howeverdespite
itsmyriadbenetswithoutaclearunderstandingofits
potentialrisksandadecisiveplantoprotectacompanysassets,
informationandintellectualproperty,cloudcomputingcan
posesignicantlegalrisks.Followingaresixcommonmistakes
companiesshouldavoidwhenadoptingthisnewtechnology.
1. Not Knowing Cloud Concepts ThetermcloudisametaphorfortheInternet.Thecloud
createsavirtualinfrastructurethatcanreplaceinwhole
orinpartacompanystraditionalservers,networkdevices
andhardware.TheofcialdenitionfromtheNational
Instituteof StandardsandTechnologyis:amodelfor
enablingconvenient,on-demandnetworkaccesstoashared
poolof congurablecomputingresourcesthatcanberapidly
provisionedandreleasedwithminimalmanagementeffort
orserviceproviderinteraction.Inotherwords,thecloudis
likeasuper-computerpoweredovertheInternet.
Cloudcomputingallowsuserstotakeadvantageof dynamic
scalability,sharedinstancesof softwareapplications,andonline
dataandservicestoaccomplishcomputingtasksandstoredata.
Further,datasecurity,databackup,andprocuringandmain-
taininghardwareandsoftwarearetakenoff theusershands
anddoneinthecloudviathird-partyserviceproviders.When
usingvendors,datasecurityandprivacyarelegitimate
concerns.However,securityinthecloudmayactuallybe
better guarded,ascloudprovidersareusuallyabletodevote
moreresourcestosecurityissuesthanthetypicaluser.
2. Not Knowing How Your Company Uses the Cloud Therearemanywaysacompanycantakeadvantageof
cloudcomputing.Cloudprovidersofferhardware,networks,
storage,servicesandinterfacestoitsusers.Forexample,one
companymayuseemailserversandapplicationsinthecloud
foritsinternalandexternalemailservices,whileanother
companychoosestousedatastorageandapplicationsoftware
offeredbythecloudprovider.Cloudcomputingwillfacilitate
moreefcientoutsourceddatahandling,butbusinessesturning
overdatatothird-partyvendorsalsoloseadegreeofcontrol
overtheirsensitiveinformation.Itisimportanttoknowas
muchaspossibleaboutwhatclouddatayouandyourcompanycontrol,andtounderstandhowtoaccess,manageandulti-
matelydisposeof thatdata.
3. Not Knowing What Is in Your Contract
with Your Cloud Provider Yourcontractwithyourcloudproviderdenesmany
importantaspectsof therelationship.Well-executedcloud
computingagreements,licensingstructuresandcontract
termswillprovidecomprehensiveprotectionforyourbusiness,
yourassetsandyourcustomers.
600TravisSuite4200Houston,Texas77002713.220.4200Fax:713.220.4285
www.andrewskurth.com2011
FRESH
FACESWith much excitement, we welcome thesenew lawyers to the Andrews Kurth team.
Kaylan Dunn, Houston
KaylanDunnhasjoinedthermas
anAssociateintheLitigationsection
of theHoustonofce.Kaylanwasa
memberof theSouth Texas Law Review.
In2010,sheworkedasaSummer
AssociateinthermsHoustonofce.Kaylanearnedher
J.D.,summa cum laude,in2010fromSouthTexasCollege
of Law.ShereceivedherB.B.A.,magna cum laude,inMar-
ketingfromTexasChristianUniversityin2004.
Leslie Oguchi, Houston
LeslieOguchihasjoinedthermasan
AssociateintheCorporatesectionof
theHoustonofce.Leslierepresents
domesticaninternationalcompanies
andprivateequityrmsonavarietyof
corporatetransactions.Herprinciplefocusismergersand
acquisitions.LeslieearnedherJDin2010fromCornell
LawSchool.ShereceivedherBBAin2007inMarketing
andPoliticalSciencefromtheUniversityofNotreDame.
Keyprovisionsshouldinclude:
Proceduresdictatinghowandwhenthecloudprovider
respondstoasecuritybreach,intermsof notication,
investigationandremedy.
Provisionssettingforthhowandwhenthecloudprovider
respondstolegalprocesssuchascomplaints,subpoenas
orotherrequestsforyourcompanysdata.
Policiesfordataretentionanddestruction,includinghow
soonyourcompanysdatawillbewipedoff theservers
whenthecontractterminates.
Indemnicationprovisionsthatprotectandholdyour
companyharmlessifthecondentiality,securityorother
keyprovisionsarebreachedbythecloudprovider,its
subcontractorsorothers.
4. Not Consulting Your Cloud Provider as Soon
as You Get a Subpoena or Are Sued Companiesarerequiredtopreserveandproduceelectroni-
callystoredinformation(ESI) aspartof theirresponseto
litigation,regulatoryinquiriesandsubpoenas.Youshould
deviseaclearprocessfornotifyingyourcloudproviderinthe
eventtheymustassistwiththeimplementationof alitigationholdtheactof holdingfromchangesordestructionall
informationthatisthesubjectof pendingorpotentiallitigation
orinvestigation.
TheFederalRulesofCivilProcedure,theguidelinesthat
governcivillegalactions,includeimportantguidelines
aswellassomeprotectionsforcompaniesusingthecloud.
Forexample,Rule34(1)canrequireanypartyincustody
orcontrolofelectronicinformationtoproducethedataif
requestedaspartofalegalaction.Courtsdonotcurrently
makeanymaterialdistinctionbetweendataresidingbehind
anenterpriserewallanddataresidinginthecloudonaserver
thatisphysicallyonanothercontinent.Therefore,if acompany
hasthelegalrighttocontroltheinformation,itcannot
shirkitsresponsibilityunderRule34.
5. Not Knowing the Availability of a Safe Harbor Rule37(e)oftheFRCPstatesabsentexceptionalcir-
cumstances,acourtmaynotimposesanctionsunderthese
rulesonapartyforfailingtoprovideelectronicallystoredin-
formationlostasaresultoftheroutine,good-faithoperationofanelectronicinformationsystem.Inotherwords,acompany
isprotectedif itenactedmeasurestoprotectitsdatayetisstill
unabletoproduceitduetocircumstancesbeyonditscontrol.
ThisprotectionappliestoESIstoredinthecloudinthe
samewayitisappliedtoon-premisessystems.However,itis
imperativethatcompaniesdevelopandimplementastrict
recordsmanagementandretentionpolicyandtrainallem-
ployeesontherelevantprocedures.Withoutapolicyinplace,
itwouldbedifculttondcalmseasinthesafeharbor.
6. Not Knowing About a Clawback Agreement Inlitigationinvolvingglobalcompaniesandalarge
volumeof ESI,thepar tiesmayenter intoa clawback
agreementtospeeduptheproductionofdocuments.The
clawbackagreement,nowpartoftheFCRP,isacontractual
agreementbetweenbothlitigatingpartiesdesignedtooffer
corporationsasafeguardagainsttheinadvertentdisclosureof privilegedinformation.Thismeansthatifadocument
isunknowinglyorunintentionallyprovidedtotheopposing
party,itdoesnotautomaticallyconstituteawaiverof privilege.
Further,theproducingpartymayrequestthereturnofthe
document(clawitback)andtheotherpartymustcomplyby
returning,sequesteringordestroyingtheprotecteddocument.
Therequestingpartyisthenbarredfromusingtheprivileged
documenttofurtherhiscompanyscase.
StraightlineEditor in Chief:Kathleen Wu,[email protected]
Editorial Board:Donna Kim
Shemin Proctor
Laura Trenaman
Formoreinformation,pleasecontact
CourtneyCulverat214.659.4689
The Top Six Blunders in Dealing with the Cloud
Well-executed cloud computingagreements, licensing structuresand contract terms will providecomprehensive protection for
your business, your assets andyour customers.
Team WITCo-Chairs:Bob Jewell, [email protected]
Meredith Mouer,[email protected]
Advisory Members:HowardAyers
CourtneyCulver
BrittanyThompson
TammyBrennig
ElizabethCampbell
MartyDeBusk
DeborahGrabein
AmyHancock
DonnaKim
KendallLowery
PeterMcKee,Jr.
ThomasPerich
SheminProctor
RobinRussell
MicheleSchwartz
LisaShelton
LauraTrenaman
KathleenWu
Members:
A
Wei Wei Jeang, Partner
Follow us on Twitter @twitter.com/andrewskurthllp
Like us on Facebook: AndrewsKurthLLP
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If theywobble,theyregreatforbalanceandstability,
shesays.Sitdownanddosomeabworkandcrunches,or
usethemtodoapush-up.TheyrejustlikeaBosuballora
wobbleboard.
Louisalsosuggestsbringingamattogetinsomeyoga
orPilatesmovestoworkyourcoreanddosomestretches.
Whetheryouadheretoastructuredworkoutphilosophyor
youtakeamoreplayfulapproach(oryouelecttocombine
thetwo),usecommonsensewhenexercisingoutside.Choose
attireappropriatetotheweather(asGrifnsays,Theres
nobadweather,onlybadclothes.)andmakeyourpersonal
safetyapriority.Stayoutofdodgy,unfamiliarorremote
areas,particularlyif yourealoneoritsdark,andalways
carryIDandaphone.
Afterafewweekssweatingitoutinthefreshair,youmay
besot,focusedandhappythatyoudontevennoticethe
dogpoop.
The great outdoors offers an array of physical challenges
Work Out or Play Out?
Therearetwoschoolsofthoughtonhowtoapproach
exercisingoutdoors.Onephilosophy,favoredbyJoanGrifn,
authorof WomenatPlay:AGirlsGuidetoEveryday
OutdoorExercisetoLookGood,FeelGood,SleepWell
andBeHappy,istostoplookingatitaswork.
Grifnarguesthatweshouldexercisethewayweshouldeat:
locally,seasonallyandinmoderation.Andjustaswithfood,
weshouldenjoyourexerciseasclosetonatureaspossible.
Duringwarmermonths,enjoywarmweathersportslike
tennis,soccer,bikingandrunning.If youliveinacolder
climate,scheduleyourwinterworkoutsaroundcross-country
skiing,iceskatingonfrozenpondsoranythingelsethatgets
yououtside. Onceyougetusedtoexercisingoutside,Grifnsays,
youlllearnthatgoingoutsideisnotjustmorefunthan
goingtothegym,butanecessaryantidotetothepressures
of everydayindoorlife,whetherathomeoronthejob.
Thekey,Grifnsays,ismixingitupandnotbecoming
tooentrenchedinanyoneactivity.Doingoneactivitytoo
frequentlyincreasesthechanceof injuryandburnout,
whereasbeingacasualparticipantinwhateveractivityyou
happentobedoingatthetimekeepsitfunandsomething
youllwanttocomebackto.
Alongthoselines,adultrecreationalsportsleagueshave
pickedupsteaminrecentyears,withgameslikekickball
anddodgeballgainingcountlessdevoteesacrossthecountry.
The Playground Circuit
If youpreferamorestructured,goal-orientedworkout,taketheapproachsuggestedbyexpertslikeTinaVindum
orLoriLouis,aformerrealestateexecutivewhospecializes
increatingoutdoorworkoutsforherofce-boundclients.
Louistypicallybuildscircuitsforherclients,eitherusing
inexpensivepropslikeresistancebands,jumpropesand
lightdumbbells,orambientprops,likeparkbenches,
sturdytreebranches,bleachersorplaygroundequipment.
Theidealcircuitworkout,shesays,includescardio,strength
trainingandcorework.Herclientsspendjust1-2minuteson
eachactivity,andtheydothecircuit2-3timesinanhour-long
workout.Theintervalaspectofthetrainingmakesforagreat
anaerobicworkout,whichincreasesenduranceandspeed.
Acircuitmayincludeaminuteeachof jumpingrope,push-
ups,squats,lungesandotherexercises.Onaplayground,she
incorporatessteps,monkeybars(greatforchin-upsand
pull-ups)andanythingelseshecannd.Oneof herfavorite
parkfeaturesarethelittlemushroomsteps.
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Take It Outside
W
1. EXERSOCKSby Crecent Moon, $10 at crescentmoonyoga.com
Ahygienicsolutionforavarietyof matworkoutsincluding
yoga,Pilatesandbarre,providingtheanti-bacterialprotection
of asockandthenon-slipprotectionofasneaker.
2. EKO SUPERLITE TRAVEL MATby Manduka, $39 at manduka.com
Combinessuperiorgripwithlightweightportabilityandeasily
foldsintosmalltravelspaces.Takeitwithyouanywhere.
3. TENNIS BAGby Adidas by Stella McCartney, $225 at zappos.com
Withbothstyleandfunction,youresetforanymatchwith
thisbag.Bigenoughtocarryyourtennisshoes,awater
bottleandanextrachangeof clothes.
4. CUSTOM ENERGY BARSby Element Bars, $30$60 for 12 at elementbars.com
Buildabetterbar.Homemadeenergyandendurance
snacks,customcreatedbyyoutoyourtaste,needsand
specichealthbenets.
5. FIVEFINGERSby Vibram, $75$125 at vibramfvefngers.com
Jointhebarefootingrevolution.Whetheradevotedrun-
neroranoutdoorenthusiast,experienceamorenatural,
healthierandmoreefcientforefootstrike.Majorsupport
andprotection,minimallyinvasivetoanystride.
6. FITNESS TRAINING WATCHby Suunto, $200 at suunto.com
Large,crisp,easy-to-readfacedisplaysdetailedinformation
includingheartrate,real-timeintensityguidanceandgoal
trackingtiedintotrainingprograms.
Some Other Tips to Maximize
Your Outdoor Workout
Goal!
Youth teams in just about every city need referees, and
some sports, such as soccer and lacrosse, require an
awful lot of movement out of their refs. If youre already
in decent shape, serving as a referee can be a great way
to stay t while helping out young athletes (and maybe
even making a small stipend too). To nd out if leagues
in your area are looking for refs, do an internet search
that includes your city, the sport and referee.
Go High-TechSmartphone apps can help track the mileage, speed,
elevation and other aspects of your workout, and record
your routes to help you remember your favorites.
Some popular apps include Motion X, iMapMyFitness
and RunKeeper Pro.
Keep America Beautiful
Break a sweat while cleaning up lakes, beaches, and
playgrounds. There are more than 600 Keep America
Beautiful afliates nationwide, and you can nd your
closest one at KAB.org. If theres not a KAB afliate in
your city, chances are theres a school, nature area, rec
center or other organization that can use some help.
Community Garden
Gardening can be a great workout, and community
gardens need help harvesting, composting, weeding,
mulching and lots of other chores that can give your
core, glutes and lats the workout they so crave. Even
if you dont have a plot at the community garden in
your area, chances are they will welcome some strong
hands to turn the compost.
hethertheresnogoodgym
nearbyoryoujustpreferthefreshair,exercisinginthegreat
outdoorsisaworthyalternativetosweatingitoutinside.
Butbesidestheusualsuspects(running,walkingandbiking),
howcanyougetinarealgym-styleworkoutwithoutheading
tothegym?Andwhyshouldyouriskthetrafc,uneventerrainanddogpresentswhenyoucouldbeinanicegym
withcentralheatandair?
Letsstartwiththewhyrst.
The Benefts o Exercising Outside
Changeofpace:Chancesareyouworkinsideallday,
so,if nothingels e,exercisingoutside givesyouabreak
fromwalls,mechanicalhumsandco-workers.Ourbrains
literallycravenewenvironments,andourneuronsgetlazy
whentheirsurroundingsaremonotonous.Tradinginthe
treadmillforthewoods,orevenaneighborhoodwalking
trail,mixesitupandgivesyourbodyandmindaworkout.
Cleanerair:TheEPAestimatesthatindoorairistwice
asdirtyasoutdoorair,eveninpollutedcities.Soyougive
yourlungsabreakwhenyouheadoutdoors.
Endorphinsup,anxietydown:Onestudyshowedthat
regularoutdoorrunnerswerelessanxiousthanpeoplewho
ranindoorsonatreadmill,andtheyhadhigherendorphin
levelsthantheirindoorcounterparts.
Getnurturedbynature:FitnessexpertTinaVindum,
authorof OutdoorFitness,sayswhenshemovedher
workoutsoutside,shenoticedanincreaseinmymental
focusandsharpness,asenseof emotionalstrength,and
agreaterwell-beingthatinfusedmewithapost-workout
calmandcenterednessIhadneverquiteachievedbefore.
VitaminD:OurbodiesaredeprivedofVitaminDwhen
westayinsideallday,butevenafewminutesinthesuncan
helpclosethatgap.SeveralstudieshavelinkedVitaminD
withareducedrateof certaincancersanddiabetes,aswell
asimprovedmoodandimmunefunction.
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6/6
BettyWhitewasright:Facebookisahugewasteoftime
if youspenditplayingFarmvilleortalkingaboutcelebrity
miscreants.ButFacebookanditsmoresober-mindedcousin,LinkedIn,caneitherbeawasteoftimeoravaluablenetwork-
ingtoolforprofessionals.
Socialmediahasclearlyrevolutionizedthewaywecommu-
nicate,bothpersonallyandprofessionally.Anddespiteallthe
obviouspitfalls(whichthemerestbitof commonsensecould
headoff;justaskWouldIwantmybossorgrandmotherto
readthispostorseethispicture?),itprovidesprofessionals,
entrepreneursandbusinessownersanunparalleledplatform
topromotethemselvestoanever-growingaudienceof clients,
potentialclients,potentialemployersandreferralsources.
If youloathesocialmediaandwantnothingtodowith
it,quitreadingnow.Dittoifyoualreadyhave30,000Twitter
followersandmoreopportunitiesthanyoucanhandle.But
if youresomewhereinthemiddleyouveconnectedwith
friendsandclassmatesonFacebookandyouhaveamiddling
LinkedInprolebutdontknowwhattodonextorwhy
readon.
Socialmediaallowsyoutopromoteyourself toawider
audiencethanyouwouldevermeetthroughpersonal,face-
to-facenetworking.Youstillneedtobeengaging,competentandconscientioustoclosethedeal(whateverthatdealis),
butsocialmediagivesyouafoot inliterallythousandsof
doorsyoudidntevenknowexisted.
And,increasingly,largecorporationsvetpotentialem-
ployeesandvendorsonlinepresencebeforehiringthem
orsendingthembusiness.Obviously,youdontwantyour
onlinepresencetodissuadethem(hencetheneedtogrand-
mother-andboss-proofallyourpostsandphotos),butthe
best-casescenarioisthatyouronlinepresencewowsthem
withsolidcommunicationskills,demonstratedsubject-matter
expertiseandmarketingchops.
Butwhatifyourealreadyhappilyensconcedinajob
youloveatacompanyyourespect?Youstillwanttobe
seenasanexpertandinuencerinyoureld,justincase
youreupforapromotionoryougetlaidoff.
Evenif youalreadyhaveasolidnetworkofprofessionals
whoknowyouandwouldhireyougiventhechance,social
mediagivesyoutheopportunitytotouchbasewiththemfrequentlyandcasuallywithoutthetime,expenseandcalories
of goingouttolunchordinnerwiththemonaregularbasis.
Socialmediaisntasubstitutefortheface-to-face,carbon-
basedrelationshipsonwhichbusinessisbuilt.Itsmerelya
verypotentcomplementtothoserelationships.Simplyletting
yourprofessionalnetworkknowthatyoujustreturnedfrom
abigprojectinDubaiorclosedadealinAllentowngives
themanotherpointof referenceandkeepsyoutop-of-mind.
Sometipsformaximizingyoursocialmediapresence:
FacebookasaCocktailParty Onelawyerwhousessocialmediaextensively(andsuccess-
fully)inherprofessionalmarketingsaysshetreatsFacebook
likeacocktai lpartyforwork,sincemanyof herfriends
arejudges,colleaguesandreferralsources.Whilesomeof
herpostsarepersonal(althoughneveroverlypersonal),she
alsousesthesitetopostupdatestoherblogandcommentondevelopmentsinthelaw.Iuseittoappearauthoritative
andtomakepeoplethinkofmewhentheywonderabouta
legalissue,shesays.
DontJustSelf-Promote Yourgoalistobeseenasanexpertinyoureld,soif you
readanarticlethatrelatestoyourareaof expertise,postitto
yourLinkedInandFacebookpages(or if youuseTwitter,
tweetit)andaddyourvaluabletwocents.Bejudicious,
though.If youpostmorethanonceortwiceaday,yourpro-
fessionalcontactswillwonderwhyyouhaveallthatfreetime.
MaximizeYourLinkedInProle RecruitersandcompaniesuseLinkedInextensivelyto
ndjobcandidates,somakesureyourproleiswell-written
andincludesanykeywordsrelevanttoyourchoseneld.Thosekeywordsshouldbeusedfrequentlythroughoutyour
prole,particularlyinyoursummary.
Yoursummaryisoneof themostimportantpartsofthe
prolebecauseitisindexedbythesearchengines.Itshould
bewritteninrstpersonandshouldincludekeywords,your
skills,yourexperienceandwhatdifferentiatesyoufromothers.
AskforRecommendations Thisisthehardestpartforsomepeople,butaLinkedIn
proleisntconsideredcompletewithoutthreerecom-
mendations.Ideally,thoserecommendationswillalsoinclude
keywordsrelevanttoyoureld.
BringInConnections IncludealinktoyourLinkedInproleinyouremail
signatureline.Tocreateacustomizedlink, insteadof theonethatLinkedInautomaticallygenerates,gotoedityour
proleandclickoneditnexttoyourpublicprole.
Fromthere,clickoncustomizeyourpublicproleURL
ontheright-handsideofthepage.
If youremoreambitious,tryyourhandatbloggingand
Twitter(youcanconnectyourLinkedInstatusupdatesto
Twitter,therebyhittingtwoaudiencesatonce).Buteven
justus ingFacebook andLinkedIn,thetwomostpopular
socialmediatoolstoday,candramaticallyincreaseyour
publicproleallwithaminimalinvestmentof yourtime
andaliterallynon-existentnancialinvestment.
Yournextjob(orclient)mayverywellbewaitingforyou
toshowuptotheparty.
Social Media for Non-DummiesA guide for smart, accomplished people who dont aspire to being Lady Gaga
or Ashton Kutcher but who nevertheless want to maximize their use of social media
Betty White, in her Saturday Night Live monologue,
a gig she got after fans waged a wildly successful
Facebook campaign.
I didnt know what Face-
book was, and now that Ido know what it is, I have
to say, it sounds like a huge
waste of time.
ROCK OUT
TO YOUR
WORKOUT
Zeroby Yeah Yeah Yeahs (124 BPM)
Celebrationby Madonna (126 BPM)
CryforYou(RadioMix)by September (130 BPM)
HowYouLoveMeNowby Hey Monday (135 BPM)
CallMeby Blondie (141 BPM)
Spotlightby MuteMath (152 BPM)
IWillFollowby U2 (156 BPM)
PickinItUpby Hot Hot Heat (158 BPM)
Girlfriendby Phoenix (136 BPM)
ISeeYouBabyby Groove Armada (122 BPM)
Pumpupthevolumeandkeepupthepace.
Organizedbybeatsperminute,thisplaylist
willstartyouoffandkeepyougoing.
Just using Facebook andLinkedIn can dramaticallyincrease your public proleall with a minimal investmentof your time and a literally non-existent nancial investment.
NO KID HUNGRY CAMPAIGNCommitted to ending childhood
hunger in America
ShareOurStrengthlaunchedacampaigntoraise
fundstohelpendchildhoodhungerinAmericaby
2015.Theorganizationfeedshungrykidswherethey
live,learnandplay,creatingpublic-privatepartner-
shipsatthestateleveltobreakdownbarriersthat
preventkidsfromaccessingthefoodtheyneed.A
primarygoalistoincreasethenumberof students
whoeatbreakfastatschool.
Nationwide,32millionchildrentakepartinthe
schoollunchprogram.20millionreceivemealsfor
freeoratareducedprice.Only9.5millionstudentseatfreeorreduced-priceschoolbreakfasts,saidBill
Shore,founderandexecutivedirectorof ShareOur
Strength.Andabout$1billioninfederalreimburse-
mentsisbeingleftonthetable,Shoresaid.
Ratherthanstartnewfoodprograms,NoKid
Hungryhelpschildcarecentersandschoolsmake
betteruseoffundsalreadyavailable.$1canhelp
connectachildtoupto10healthymeals.
Throughhostingyardsalesandbakesales,leading
ShoppingMattersTMgrocerystoretoursandvol-
unteeringwithCookingMatters TMhealthycooking
classes,localsupportersareconnectingkidstothe
healthyfoodtheyneedtogrowandthrive.
Visitwww.nokidhungry.orgtotakethepledgeortond
outhowyoucangetinvolvedinyourcommunity.
SPOTLIGHT