Finally, Less Time with Paper, More Time with Clients

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Today Adobe is releasing something that will make all of our lives a bit easier, and in the legal profession, that goes a long way. But first, a walk down memory lane.

I began my career with blue fingers. You may have as well.

Copiers were not in widespread use at that time and in my first job as an attorney we typed everything using carbon paper. It worked well unless you made a mistake and then it was back to scratch with blue ink marking your hands and clothing as you fed the paper into the typewriter. It made me fantasize about the paperless office, a concept that was then in its infancy.

A few years later, I joined a firm that had invested in a Wang minicomputer. For many of us in the legal profession, it was our first entrée into the digital realm. But it was painfully slow. So slow that I would go out for lunch while the system checked the spelling of a document.

Often, I had time for a very, very long lunch.

In the late 1980s, the proliferation of word processing programs created a professional Tower of Babel. Anyone remember Volkswriter, Easywriter or Word Star?

Market acceptance of Microsoft Word and the PDF standard (On behalf of attorneys everywhere let me say “thank you”, John) helped us improve productivity, but since then efficiency gains in the legal world have been slow. In part this is because of the profession’s often antediluvian acceptance of technology. But, more importantly, it’s because there haven’t been any compelling solutions that free us to spend more time where we add value to clients – instead of on paperwork.

Until today.

This morning Adobe released Adobe Document Cloud creating the next major advance in the way legal and other knowledge professionals more effectively support their clients by working more efficiently with critical documents. Adobe has a 30 year history of innovation, but as an attorney this is the one product that excites me the most. Here’s why.

Where earlier in my career, I battled with blue fingers, with Acrobat DC and Document Cloud services I can actually use my fingers to comment, edit and sign documents across touch enabled mobile devices like tablets and phones. Not only does it provide these capabilities, but when making changes or completing document fields the Adobe technology will identify and recreate the font used in the document and insert your changes using the same font!

And, how about this – with Adobe Document Cloud you can take a photo of a document and using Adobe’s Photoshop technology, resize it, adjust the shading, convert it to a PDF document and sign and share it with others. Board consents, agreement signature pages, and government filings are but a few examples of where this feature will increase our efficiency and responsiveness.  (And, this is to say nothing of personal use – how I wish this product was available when my child forgot to bring home a field trip permission slip. Today, they could just send it to me as a photo and the Adobe Document Cloud would allow me to quickly sign it and return it to the school.)

We’ve all seen this happen. You’re working on a document on your desktop at work. You go home and receive a message that the document needs to be edited and finalized earlier than expected. Because your documents reside in Adobe Document Cloud, you will be able to use your mobile device to access the document remotely and make the final changes.

Here’s another prolific pain point that Adobe Document Cloud also solves. For decades, companies and law firms have employed legions of people to walk around with manila folders circulating documents with signature tabs. Endless delay is caused by this archaic process, with documents frequently lost or forgotten on someone’s desk while they are on vacation.  Adobe Document Cloud avoids this with capabilities that enable documents to be managed, tracked and securely controlled providing visibility into where documents are in the routing process, including who has opened them and when.

With Adobe Document Cloud getting signatures from multiple parties on time sensitive documents has never been easier. Instead of faxing signature pages back and forth, Adobe’s eSign service will allow multiple parties to sign a document simultaneously. And, the sender can get real time updates on who has received, opened and signed and the document.

While some of these features and services have been available before, now they are integrated in a single platform with a beautiful, intuitive interface that reflects Adobe’s history of design and focus on innovating with the customer in mind. I encourage you to give it a try.

At last we can finally spend more time focusing on providing value to our clients – rather than paperwork.

Blue fingers are becoming a distant memory.

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The journey…

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“The journey of a thousand miles begins beneath one’s feet.”

You’ve likely all heard some version of this famous quote from Chinese philosopher Lao-Tzu. If he were alive today; however, I hope he would consider changing the last word to “wheel.”

One impressive journey began in 1972, when four college students – Dan Burden, Lys Brant, June Jenkins and Greg Siple decided to ride their bicycles from Anchorage, Alaska to the tip of South America. Keep in mind that this was at a time when a steel frame, Schwinn Varsity 10-speed was state of the art, and lightweight toe clips were a source of velo-desire. Back then, this type of trip was the cycling equivalent of Columbus heading into the open waters of the Atlantic for the first time.

Somewhere along their way south, the thought occurred to these cyclists that the U.S. would soon be celebrating its bicentennial. Wouldn’t it be great, they thought, to create and map a transcontinental bike ride to celebrate the event? (Given the enormity of this undertaking, I’m quite certain that this idea came to life after massive amounts of tequila while the group rode through Mexico.)

Nonetheless, they pulled it off. In 1976, with thousands of hours of support from volunteers and local, state and federal governments, the 4,250 mile Trans-America bicycle trail was launched. That summer, more than 4,000 people of all ages traveled it in celebration of the country’s 200th birthday. Since then, thousands of others have continued to ride that same original route.

Based on the success of that endeavor, those original college students formed a non-profit, Adventure Cycling Association, to promote bicycle touring. Almost forty years later, Adventure Cycling is now based out of Missoula, Montana and has more than 47,000 members. To help riders explore other parts of the country, the organization has mapped twenty routes totaling more than 43,000 miles and now runs more than 100 self-contained and fully supported tours for almost 2,000 riders each year. In addition, Adventure Cycling advocates for U.S. bicycle routes, multi-modal travel (trains, airlines and other public transportation) and provides scholarships for young adults to participate in educational courses.

And all this has been accomplished by a very passionate, talented team of less than forty people.

I’m very excited to have been asked to join Adventure Cycling as a member of their Board of Directors. I’ve experienced first-hand the value of cycling throughout my life. It’s an activity that improves health, engages you with your surroundings at a pace that allows you to appreciate them, helps you develop a new community of friends, and, provides perspective and much needed respite from the daily pressures of life. Here’s an example of the type of experience that Adventure Cycling enables. Take a few minutes from your busy day, grab a cup of coffee and take a look.

When you’re ready to begin your journey – whether it’s a solo cross-country tour or even a short ride through your neighborhood – consider joining Adventure Cycling.

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Running the Table

shutterstock_69556762 (2)It’s that time of year. Time to look back over the past twelve months and consider things accomplished and areas for future improvement. Like everyone else, I’ve got a number that come to mind in both categories.

In terms of professional accomplishments, there are many of which I am proud; however, one stands out and that is Adobe’s success in fighting patent trolls.

While we had hoped that we would finally get Congressional action on patent litigation reform in 2014, we were once again disappointed. But, our strategy has never been to rely on Congress (please note my editorial restraint). Instead, over the last year, Adobe has been consciously investing in fighting these cases as aggressively as possible rather than considering them a “cost of doing business” and negotiating a quick settlement.

It’s a strategy not without its costs. We spend millions of dollars defending these lawsuits. So, why do we do it?

First, because it’s the right thing to do for our stockholders, employees and customers. Adobe is one of the most innovative companies on the planet. Diverting resources and dollars from innovation to paying to settle specious patent claims runs against who we are as a company.

Second, because we believe the odds are on our side. We spend significant time and effort investigating these patent claims. When we decide to fight them, we do so with the conviction that we will prevail at trial.

And, third, because this a long-term strategy. One which we believe over time is the only way patent trolls will have an incentive to think of ways to add value to society, rather than killing investment in job creation.

With this in mind, I thought I’d share how we did in 2014.

TQP Development. Between 2008 and 2012, a patent troll named TQP Development filed lawsuits against more than 200 companies, including Adobe, claiming infringement of TQP’s patent encryption technology. (By the way, I’ve always wondered about their name as we have yet to figure out what these folks “develop” other than lawsuits.)

In many of these lawsuits TQP was represented by a law firm that also represented Adobe during this same period. Under legal ethical rules this creates a conflict of interest. Consequently, we were successful in getting the firm disqualified from the case.

Result: Perhaps because they were not excited about finding another law firm, in March 2014, TQP settled the lawsuit without Adobe or its customers paying them a dime.

Ingeniador. On their website, Ingeniador claims to be “a worldwide team of scientists, engineers and entrepreneurs pioneering leading-edge research in mobile, e-commerce and healthcare technologies.” Sounds great, but if it “quacks like a duck”… it’s probably a patent troll. And, indeed, Ingeniador sued Adobe in the Eastern District of Texas, accusing our products of infringing a patent relating to, among other things, web-based editing and publishing of files using a network of client computers. Given that Ingeniador is headquartered in Puerto Rico, and Adobe in San Jose, we didn’t think it made much sense for the trial to be held in Texas. The court agreed with us and, in March 2014, moved the case to Northern California.

Result: Evidently, Ingeniador was not looking forward to a trial in Northern California because one month after the case was transferred, they settled the case without Adobe or its customers paying them a dime.

Select Retrieval. In 2011, another patent troll, Select Retrieval, filed lawsuits in numerous jurisdictions, including Delaware, Oregon, California, Florida, Illinois, Maine and Texas alleging infringement of their patent covering a way of retrieving and displaying information from a database. In these lawsuits, Select Retrieval sued dozens of companies, including eight Adobe customers based on their use of our products. Adobe stepped in and provided full indemnification of our customers and we successfully obtained stays in some jurisdictions while actively litigating on their behalf in others.

Result: Although some Adobe customers chose to settle before we joined their cases, in May 2014, Select Retrieval settled the remaining cases without Adobe or any of its other customers paying them a dime.

CSP. In April 2012, another patent troll, CSP, sued Adobe in the District of Delaware, accusing a number of our products of infringing a CSP patent relating to software that provides product activation. Unfortunately for CSP, Adobe had a license to the asserted patent, and had very strong non-infringement arguments. Undeterred, CSP refused to dismiss the case and Adobe aggressively pursued its defenses.

Result: In July 2014, on the eve of a key hearing in the case, CSP settled without Adobe or its customers paying them a dime.

Anyone see a pattern here?

Tejas. “Tejas” is another word for Texas. It is also the often overlooked fifth album by hirsute rockers, ZZ Top. Unfortunately, what I am referring to here is the name of a patent troll who on New Year’s Eve, 2013, began suing Adobe customers – ultimately five in total – in the Eastern District of “Tejas” alleging that that their use of an Adobe product infringed a Tejas owned patent. In response, Adobe went on offense filing a motion for declaratory judgment of non-infringement action in Northern California and aggressively pursuing discovery in the Texas case.

Result: With upcoming discovery deadlines approaching, in October 2014, Tejas settled the case without Adobe or its customers paying them a dime.

Seriously, do you see the pattern? Come on, concentrate.

Digital Reg. of Texas. In April, 2011, Digital Reg. sued Adobe in the Eastern District of Texas accusing a number of our products of infringing patents on software activation. Digital Reg. is a litigation-inspired entity with no connection to the State of Texas other than being formed as a Texas limited-liability company for purposes of acquiring patents used in lawsuits against eight out-of-state defendants. Because of Digital Reg.’s tenuous connection to Texas, and because of Adobe’s strong connection to California (where we are headquartered), the Eastern District of Texas transferred the case to the Northern District of California in March 2012.

Result: In September of this year, a nine-day jury trial was held in Oakland, California during which Digital Reg. claimed damages of in excess of $30m. The jury decided in favor of Adobe finding there was no infringement and that the plaintiff’s patents were invalid. What’s nice about this result is that if the decision is affirmed upon an expected appeal, Digital Reg. will be unable to use these patents against any other company in the future. And, again, we didn’t pay them a dime.

There is one more lawsuit I’d like to discuss, but for a variety of reasons, I’ll keep the names of the other parties confidential. In this case another patent troll sued one of our customers in 2013, asserting three patents. Our customer chose to fight the case and we supported their decision and accepted indemnification and took on the defense of the patent directed to our DRM encryption technology.

Result: This fall, after a 10-day trial, the jury returned a verdict finding that Adobe’s technology was not infringing.

With the help of our great Adobe legal team and business partners, and talented outside counsel, we ran the table with a positive outcome in every case. Not a bad year.  And, we’re hoping that sharing these examples will encourage other companies to take the same approach.

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IMHO

Blocks

Forgive me in advance, but I’m going to go on a bit of a rant here. I simply can’t take it anymore.

One of the little discussed aspects of corporate culture is our affinity for using acronyms*. I’ve worked at a number of different companies and they all had this in common. I used to think it was just a tech thing – some subconscious desire to reduce the spoken word into linguistic “bits”, but my counterparts in retail, manufacturing and communications assure me it is the same in their industries.

A couple of years ago I came across an article that indicated the first recorded use of “OMG” was in a letter from British Admiral Lord John Fisher to, of all people, Winston Churchill in 1917. (As an aside, can you imagine using this expression in a communication with “The British Bulldog” as he was then known? LOL!) With the widespread adoption of texting, Twitter and other social networking, the use of acronyms like this is a trend that is accelerating.

At Adobe we take it to an entirely new level. Acronym usage is so rampant here that an internal market has developed with employees trading lists of company acronyms like they are some sort of corporate Rosetta Stone.

As an example, I recently attended a meeting where we reviewed the performance of a number of our businesses. During one ten minute period, I jotted down the following acronyms that were used during a presentation: “VIP”, “ARR”, “CLP”,” TLP”, “GTM”, “CCM”, “SMB”, “ETLA”, “POSA”, “STE”, “CS6”, “CC”, “EOL”, “STL”,” DPS”, “COGS”, “OEM”, “ROW”, “MD&P”,  “CAGR” and “CCE”. One of the presenters even achieved the linguistic equivalent of running the four-minute mile by using an impressive seven acronyms in a single sentence!

I almost applauded and handed him a towel and a Gatorade.

Upon reflection, however, I realized that I had become distracted from the content of the presentation because I was too focused on trying to understand the acronyms.

And for presenters, that’s a real problem. You put countless hours developing a presentation so that you can inform or influence your audience. That work is wasted if your audience doesn’t understand your message.

So, here’s a novel idea. How about considering the audience you are addressing? Are you certain that everyone in the room understands the acronyms you are using? If not, use the full words or phrase at the beginning of your presentation before you begin using the acronym.

Your future audiences will thank you and your presentations will be far more effective.

Rant over.

g2g – ttyl!

______________

*For you logophiles, I know that the more accurate term is an initialism but I’m going to use acronym in its broadest sense.

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Five Things From: October

– Helps to explain my extreme dislike of meetings.

– Crossing Wasco off my “places to visit list”.

– The power of art to illuminate history.

– Combine this with this and you get the need for one humongous data plan.

– Those canaries in the coal mine? They’re actually walruses.

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Da Vinci (circa 2014)

There is nothing like attending the MAX Conference in Los Angeles to cause my feelings of artistic inadequacy to bolt to the surface. You see, I’m one of those people who lacks any artistic talent. In fact, I’m quite certain that I failed paint-by-numbers in the first grade. So, being immersed in the excitement of the conference left me feeling in awe – and very much out of my element.

If you are one of the world’s millions of creative professionals then you are likely familiar with MAX. It’s an annual event sponsored by Adobe that brings together illustrators, web designers, production professionals, photographers, movie makers and other “Creatives” to learn about new releases from Adobe and, more importantly, to share and celebrate all forms of creative expression.

Much of the excitement this year was generated by Adobe’s announcement of a feature of the Creative Cloud called the “Creative Profile”. This allows anyone, but especially creative professionals, to store their illustrations, videos, photographs, fonts and other artistic assets in a virtual repository that can be accessed from any platform. To comprehend what this means, consider if Da Vinci was alive today.

As a painter, sculptor, architect, engineer, cartographer and writer, Da Vinci would doubtlessly have used his Creative Profile to increase his already prolific output and enhance his impressive creative abilities. One can imagine him walking through Rome creating a color palette on his mobile device with Adobe Color  to be used in one of his paintings, or taking a photograph of the checkerboard pattern of il Duomo di Firenze and using it as “ink” for an illustration using Adobe Brush. It’s not a stretch to see him using Adobe Shape to capture the shapes and vectors surrounding him in Florence and incorporating them in his architectural renderings. Or, perhaps, he would use Photoshop Mix  to take and edit photographs of the Tuscan hillside on his mobile phone to serve as a model for the background of the Mona Lisa.

All of these creative outputs and any others he produced whether through digital illustrations, videos or photographs, would be part of his Creative Profile. Best of all, they could be accessed from any device, whether desktop computer, tablet or mobile phone, allowing Da Vinci to focus on what he did best – creating.

One of the biggest challenges for Da Vinci and other Renaissance artists was finding patrons. For Da Vinci this meant a dependency on just a few wealthy families, namely the Borgias and Medicis. As a result, for much of his life, he toiled in poverty. Today, Leonardo would use the Behance platform to showcase his portfolio and receive feedback about it from the global creative community. More importantly, his Behance portfolio would allow him to be discovered by agencies seeking artistic talent leading to greater employment opportunities. A marketing department, for example, seeking to create a new corporate logo with the feel of Da Vinci’s Vitruvian Man, would be able to quickly identify that work on Behance and contact Da Vinci to commission a project.

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On the second day of MAX, we listened to a number of artistic professionals discuss how they use their art to inspire, like the moving photographs of Ami Vitale; push boundaries in conventional thinking, as with the provocative illustrations from Jason Seiler; or launch a global movement, as what documentary film maker, Lee Hirsch, has done in the fight against bullying. There wasn’t a dry eye in the convention center during that presentation.

And, all I can draw are stick figures.

The day was capped off by what we at Adobe like to call “Sneaks.” You can think of these sessions as innovation speed dating. Select members of the Adobe engineering community are given five minutes in front of a live audience to showcase a feature or product they are working on. The crowd gets a preview of possible things to come and the innovator gets immediate feedback in the form of live audience reactions. It’s always my favorite event of the conference and, judging by the crowd reaction, others felt the same. Have you ever taken a photograph on a hazy day and wished you could click a button and make it clear? Look for the “defog” capability coming to Photoshop CC. Or, check out Shape Shade to see the mind-boggling ways that shapes can be manipulated on a table with just your fingers. How about taking a photograph of a skyline during the day and wanting to see how it would look if it was taken at sunset? Or editing seamless transitions in videos of people who speak with lengthy “uhms”, “ahs” and other pauses. These are just a few of the previews we saw at this year’s Sneaks.

In the end, no one knows what Da Vinci would do if he were alive today. But, I’m quite certain he would be a member of the Creative Cloud.

And, also, an employee of Adobe.

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A Polysynthetic Land

Greenland is a place of many dialects. Kalaallisu is spoken in the west; Tunumiisut in the East; and Inukun in the north. All three are very different – so different that a Greenlander from Nuuk, the country’s capital, would find it difficult to understand someone from Thule, in the north.

Regardless of dialect, as a recent visitor, I found the language impenetrable. The Greenlandic language is polysynthetic, meaning that words are created by adding multiple affixes. This results in long words that overflow with syllables – for example, “Paasisinnaannginnakkummi” (“I don’t understand”).

If you have ever wondered if you can sprain your tongue, try speaking Greenlandic.

Despite the danger of injury for foreigners attempting even basic phrases, the polysynthetic nature of the language allows for nuance and subtlety absent in other languages. In this respect it is a reflection of the country itself, a place where nothing is quite what you anticipate. This thought initially occurred to me when I was looking out the window of the hostel where we were staying on our first evening in the small community of Tasiilaq. At almost midnight, the sky was still bright, presenting a lustrous panorama from the hillside above the bay. Reverberating from the water below was the sound of a child’s joyous yelling as she was pulled behind a boat waterskiing – on thirty-degree water.

Nothing is as you expect in Greenland.

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Along with two of my children, a friend, and a group of others adventurers, we kayaked and camped for two weeks exploring the seemingly pristine fjords and small colorful communities of the world’s largest island. Approaching from the water we discovered picturesque towns with buildings painted red, green, blue, and grey reflecting the country’s history of Danish influence. In most, drying fish hung from the rafters of porches like Chinese lanterns; occasionally, a polar bear skin would be stretched over a clothesline curing in the sun. But cultural influences of the west abounded as candy wrappers, plastic bags, and omnipresent empty Tuborg beer cans littered the landscape around these towns. (But what do you do with trash when you don’t have refuse pickup or even a dump?)

Again, I found that nothing is what you think in Greenland.

The evidence of climate change was striking. We would paddle for miles down fjords framed by towering ridges filled with countless glaciers. But most had receded 40 – 50% of the distance from their terminal moraines. Looking at the glaciers on our ten-year old topographical map, it was apparent that much of this decline has occurred very recently. For us, it was disheartening to see the rapid degradation of this spectacular wilderness. Yet, when I shared this sentiment with Axelie, an English speaking local, he had a different reaction. “The melting ice cap is good for us. I’m going to strike it rich in gold mining. As the ice recedes, I’ve found some good places to stake my claims.”

Yet another example of how Greenland defies expectations.

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Over the course of our visit, we saw only a handful of ringed seals. Where were all the sea mammals? On previous kayaking trips in Alaska and the Canadian Arctic, seals, walruses and whales were a daily sight. In Greenland, the waters were silent. Axelie provided an answer: “The animals and people used to live in balance, but now we have speedboats, snowmobiles and long range rifles.” We witnessed this first-hand when two large boats retrieved us and our gear at the end of the trip. As our Greenlandic drivers drove through the fjords threading between ice floes, one of them spotted a whale spout and we came to a stop to watch. As we did, I noticed both drivers locking in the GPS coordinates and sending frantic messages. It wasn’t a leap to imagine a stream of hunters descending on the area after we were gone.

Nothing was as I expected in Greenland.

From escarpments above the fjords, the water provided an impression of quiet and solitude. Perfect stillness except endless miles of icebergs sailing slowly past pushed by the mild ocean breeze. Rarely have I experienced such silence. Viewed from a kayak, however, everything was different. For days we wove through icebergs of every shape and size imaginable – castellated points reaching hundreds of feet in the air; giant arches; an ice blue Pantheon; an aircraft carrier; an enormous toadstool. But the view was far from silent. Instead, we were bombarded with a cacophony of sounds: icebergs splintering and shattering with a booming sound like a firing cannon; water cupping under ice shelves; the sound of ice melts dripping into the water. All of this against the constant backdrop of small floating bits of glacial ice cracking and fizzing as it released air that had been trapped from a time when dinosaurs roamed the earth.

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If’ you’re interested in reading more about Greenland, here are a few books I highly recommend:
– Arctic Adventures/The Arctic Year by Peter Freuchen;
– This Cold Heaven by Gretel Ehrlich
– An African in Greenland by Te’te’-Michel Kpomassie.

Here are some more photographs of Greenland  that you may enjoy. (And, if you do, help my son to get off the “Daddy Dole” and earn money for college by going to the products page and purchasing something.)

Qujanarsuaq (Thank you)

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