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Ball in your Court

~ Musings on e-discovery & forensics.

Ball in your Court

Monthly Archives: August 2012

Charles Cameron Ball, 1951-2012

14 Tuesday Aug 2012

Posted by craigball in Personal

≈ 14 Comments

My big brother Charles died last night. He was just 61, but an interval of drug abuse in New York in the seventies took its toll on his formidable mind while Hepatitis C ravaged his body. Charles graduated from Mercersburg Academy and Sarah Lawrence College. He also studied at Dartmouth College and Columbia University, a paper short of his Masters. I will forever think of Charles as a college student; and as he cared little for gainful employment, Charles always lived like a college student. It was what he did best. Charles was never without a book, and always the sort of book that only scholars read. When it wasn’t a book, it was music. No one loved music more. In a stint as a record producer for Lust/Unlust Music, Charles was elated when his punk single was named “Best New Record Below 14th Street.”

Though he loved several women, Charles never married or had a family. He wasn’t grown up enough for that. His was a life of the mind, so losing his mind was losing everything. Still, when Charles had his headphones on, when he had his music, he had everything he wanted, and he was sublimely happy. How many of us accomplish that?

When someone we love dies, we cry for them, or we try to; but we mostly cry for ourselves, for all the unresolved, unspoken, unfinished pieces of our lives that bumped up against theirs. We cry for all we can never make right or share with them again. A piece of us dies, too; a piece that no one else mourns. I’m crying for my big brother, a little ashamed that I’m crying for me, regretting that things couldn’t have been different, that I didn’t do more.

A sibling is a rival for our parents’ attention, affection and pride. They are the embodiment of who we are and who we will never measure up to. They are the light and the shadow that define us, to ourselves and in the eyes of family and friends and teachers in those crucial, crucible years when we are becoming who we will become. I am who I am because my brother Charles gently guided me on my way at a time when he was my hero. I never told him that. If I had, he would have brushed it off in his self-deprecating way.

I am flooded with memories of his kindness.  It was Charles who showed me how to modulate a flashlight beam and use it to carry sound. That was a pretty big deal back in the mid-1960s. I was 8, making him 14. He understood the magic, the power, of technology, and he put it in my little hands. He shared the spark as Prometheus shared fire. We were both going to be great scientists in those days of astronauts and Heathkits; although in truth, he wanted to be the great scientist, and I just wanted to be like him.

We don’t always know how much we change the trajectory of other lives. I don’t expect that Charles knew how much he meant to me or how much he influenced me. I’ll never be able to tell him. I hope it’s enough that I know.

I lost the brother I loved most and needed most a long, long time ago. The grotesque man child that took his place seemed not to miss the young genius he’d been. He had other regrets that consumed him. But that awkward, brainy, talented, modest and sweet young fellow set the standard for me. He was the big brother I wanted to make proud. He was once poised to be anything and do anything.

In the end, most would conclude he didn’t amount to much.

But I can’t feel that way because I am his legacy. He challenged me and believed in me. Even as he failed in most everyone’s eyes, there was always in him an intellect I knew I’d never equal. I never minded that because Charles never used his intellect to diminish anyone. He didn’t need to be the smartest person in the room, even when he had no equal. I wish you could have known that big brother, and I wish I could have had him all my life.  I suppose its enough that I had him for a little while, a long, long time ago.

Rest in peace, big brother. I love you.

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Autonomy and HP a Year On: Brilliant or Blooper?

13 Monday Aug 2012

Posted by craigball in E-Discovery

≈ 3 Comments

So Hewlett-Packard is facing the music on its acquisition of EDS and taking an $8 billion write down on its $13.9 billion acquisition of EDS in 2008.  That’s sad, but not surprising.  It naturally makes one wonder about the fate of Autonomy, which HP acquired about a year ago for the absurdly premium price of $10.3 billion.  How long until that write down, and how big will it be? Continue reading →

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No Hard Drives Were Harmed in the Making of this Picture

11 Saturday Aug 2012

Posted by craigball in Computer Forensics, General Technology Posts

≈ 7 Comments

Last week, one of my son’s friends lost a summer of work he’d done filming a documentary.  It was a crucial college project for which he’d solicited and received considerable financial support via Kickstarter.  He’d backed up months of footage garnered from extensive travel and interviews to an external hard drive.  Secure that he had a backup, he deleted the source data to gain more room on his Mac.  It wasn’t until the external hard drive failed that it dawned on him that a backup isn’t a backup if it’s your only copy.

My son’s friend was distraught and ready to run all manner of over-the-counter recovery programs in a desperate attempt to salvage his labors.  That would have been about the worst possible thing to do since running these tools against a mechanically compromised or logically corrupted drive often extinguishes any hope of data recovery.

By virtue of the superior genetic material and parenting skills of his mother, my son Madison is a very bright young man and had the presence of mind to intercede and tell his buddy to stop, do nothing and bring the drive to my lab to see what could be done.  My son also understood that data recovery is uncharacteristically economical when you know someone who will do it for free. Continue reading →

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Custodial Hold: Trust But Verify

09 Thursday Aug 2012

Posted by craigball in E-Discovery

≈ 3 Comments

Long before the Pension Committee opinion, my dear friend and revered colleague, Browning Marean, presciently observed that the ability to frame and implement a legal hold would prove an essential lawyer skill.  Browning understood, as many lawyers are only now coming to appreciate, that “legal hold” is more than just a communique.  It’s a multi pronged, organic process that must be tailored to the needs of the case like a fine suit of clothes.  For all the sensible emphasis on use of a repeatable process, the most successful and cost-effective legal holds demonstrate a bespoke character from the practiced hand of an awake, aware and able attorney.

Unfortunately, that deliberate, evolving character is one of the two things that people hate most about legal holds (the other being the cost).  They want legal hold to be a checklist, a form letter, a tool–all of which have value, but none of which suffice, individually or collectively, to forestall the need for a capable person who understands the ESI environment and is accountable for getting the legal hold right.  It’s a balancing act; one maximizing the retention of relevant, material, non-duplicative information while minimizing the cost, complexity and business disruption attendant to meeting one’s legal responsibilities.  Achieving balance means you can’t choose one or the other, you need both.

Both.

This post is about custodial hold.  It’s a very hot topic in e-discovery, and for some lawyers and companies, custodial hold is perilously synonymous with legal hold:

“How do you do a legal hold in your organization?”
“We tell our people not to delete relevant stuff.”

Continue reading →

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Do Black Swans Swim in the Mains of Monterrey?

07 Tuesday Aug 2012

Posted by craigball in General Technology Posts

≈ 1 Comment

This post isn’t about e-discovery or computer forensics.  Not at all.  But as it’s about the near-fatal, self-inflicted wound Knight Capital suffered from a software snafu early on 8/1/12, it will touch on the immense power of technology

Doesn’t the whole fiasco bear an uncanny similarity to the old Matthew Broderick movie, “War Games,” where the NORAD W.O.P.R. computer thinks its being tested in a bracing game of “Global Thermonuclear War” but is actually connected to live warheads poised to annihilate hundreds of millions?  Indications are that Knight Capital’s shiny new software was running test trades in the 24 hours after its installation, but no one at Knight Capital realized that W.O.P.R. was actually executing those trades on the New York Stock Exchange!  Forty-five minutes and $440 million in losses later, the Big Board interceded, perhaps sparing us all from another financial meltdown.

Someone in IT needs to start packing up his or her Star Trek bobbleheads. Continue reading →

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Train, Don’t Cull, Using Keywords

05 Sunday Aug 2012

Posted by craigball in E-Discovery

≈ 10 Comments

I’ve been thinking about how we implement technology-assisted review tools and particularly how to hang onto the on-again/off-again benefits of keyword search while steering clear of its ugliness.  The rusty flivver that is my brain got a kickstart from many insightful comments made at the recent CVEDR e-discovery retreat in Monterey, California.  As is often the case when the subject is technology-assisted review (by whatever name you prefer, dear reader: predictive coding, CAR, automated document classification, Francis), some of those kicks came from lawyer Maura Grossman and computer scientist Gordon Cormack.  So, if you like where I go with this post, credit them.  If not, blame me for misunderstanding.

Maura and Gordon are the power couple of predictive coding, thanks to their thoughtful papers and presentations transmogrifying the metrics of NIST TReC into coherent observations concerning the efficacy of automated document classification.  While they’re spinning straw into gold.  I’m still studying it all; but from where I stand, they make a lot of sense.

Maura expressed the view that technology-assisted review tools shouldn’t be run against subset collections culled by keywords but should be turned to the larger collection of ESI (i.e., the collection/sources against which keyword search might ordinarily have been deployed).  The gist was, ‘use the tools against as much information as possible, and don’t hamstring the effort by putting old tools out in front of new ones.’ [I’m not quoting here, but relating what I gleaned from the comment]. Continue reading →

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