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Email Archiving Software Products

Posted in eMail (66) by Guest on the July 16th, 2009

Different product options to consider:

  • AXS-One
  • C2C Archive One
  • CA Message Manager (iLumin)
  • EMC Documentum Archive Services for Email
  • EMC EmailXtender (Legato)
  • FileNet
  • HP StorageWorks Reference Information Manager (RIM) for Messaging
  • IBM DB2 Content Manager CommonStore
  • Messaging Architects GWArchive
  • Mimosa Systems NearPoint for Exchange
  • Open Text Livelink ECM-Email Archiving
  • Quest Archive Manager (AfterMail)
  • Symantec Enterprise Vault (Veritas/KVS)
  • Waterford Technologies MailMeter Archive
  • Zantaz Enterprise Archive Solution (Educom TS)
  • ZipLip Unified Email Archival Suite

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Mergers and Acquisitions and Open Source Issues

Posted in Business (600),Compliances (1300) by Guest on the July 6th, 2009

Author unknown…

In mergers and acquisitions, open source issues have become a significant concern. Open source considerations may affect the representations, warranties, indemnities, value and structure of a merger or acquisition transaction. Typical documentation used to “paper” merger transactions may have to be modified to reflect open source issues. For example, damages from a breach of representation due to open source may be “carved out” from indemnification coverage in some cases.

Fundamentally, open source issues impact a merger or acquisition transaction because buyers need to know what rights and liabilities are being transferred. Thus, if open source code is disclosed during due diligence, the buyer will need to determine the effect open source code has on the risks being evaluated by the buyer in the proposed transaction. For example, even though open source software being used by a target was only modified for internal use, it is possible in an asset transfer transaction that the open source derivative work rules may apply to the transfer of software assets containing open source code. Below are some questions to consider in merger and acquisition transactions: 

  • Which assets are affected by the open source code? 
  • How is the open source code incorporated in the assets? 
  • What open source licenses apply to the assets? 
  • Will the open source code trigger the derivative work licensing requirements? 
  • Can the open source code be replaced with proprietary code if necessary? 
  • What is the value of the asset/assets affected by open source? 
  • Do the affected assets represent a substantial source of revenue to the organization? 
  • Are the affected assets part of an integrated software solution or suite of products? 
  • Are the affected assets used solely for the internal operations of the company? 

These are just some of the questions relating to open source that may arise in a merger and acquisition context. Resolution of some of the issues will require both legal and technical assistance. Companies are providing technical assistance on the diligence for the open source issue as a new business model. One company has developed technology that enables companies to conduct an automated scan/audit of Java code files in order to pinpoint open source components found, including the names of the applicable open source licenses. This technology could prove very useful to acquiring companies in an acquisition transaction. Another open source auditing product can be run in background on a target developer’s computers. The product will monitor in real time any downloads of source code affected by the developer’s computer and appropriately flag open source components.   

Many potential target companies, who do not intend to redistribute open source they license and modify internally, may still find that open source issues will affect the sale of their company. If the sale is viewed as redistribution, the open source redistribution requirements may be triggered. Open source risks have become a significant diligence issue in many mergers and acquisitions.

Open source issues need to be included on todays due diligence lists. The treatment of open source at a target company may affect representations, warranties, indemnification, covenants and other contract provisions. Open source issues may affect the risk assessment and structure of the transaction. These issues are likely to become more important in mergers and acquisitions in coming years as the presence of open source software in global businesses continues to grow.

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How to pretend to be succesful in IT Today

Posted in Business (600),Compliances (1300) by Guest on the July 1st, 2009

Items to Consider

Target Behaviors:

Analysis and Problem Solving
1        Follows technical interrelated sets of complex issues without difficulty

2        Asks clarifying and shaping questions geared towards thoroughly assessing critical issues

3        Demonstrates creative and occasionally innovative approaches to information gathering within a structured framework

4        Able to enlist the aid of client staff to provide more information/time than originally requested/agreed

5        Structures complex problems, demonstrating understanding of pros and cons of alternative approaches to structuring

6        Draws sound conclusions, applying previous experience and best practices

7        Comfortably handles shifting problems and issues, quickly integrating new findings

8        Makes distinctive recommendations which clearly demonstrate a comprehensive understanding of the issues, best practices and risk factors, and can be implemented by the client 

Client / Business Development

1        Develops strength of relationship that could/does result in follow-on work

2        Understands the implications of the client’s culture and uses this knowledge to increase effectiveness

3        Maintains close contact with client during course of engagement to ensure client goals and concerns are understood and are being addressed by the program of work

4        Identifies areas of client need; works with Organization Leadership to scope them, then provides support in development discussions, preparation and negotiation of arrangement

5        Provides insights and input to new opportunities that result in compelling proposals 

IP and Capability Development

1        Actively uses assignments to test new concepts or techniques, enhancing personal and organizational capability

2        Develops and utilizes network of internal and external contacts to enhance thinking

3        Is a “go to” person for advice on complex issues in area of expertise

4        Contributes to the development and delivery of internal training

5        Looks for opportunities to at least co-author/co-present to external audiences in area of specialization

6        Documents insights and re-usable deliverables and encourages their uptake

7        Identifies needs and opportunities for Practice development and proposes plans and solutions to capitalize on those opportunities

Self, Work and Client Management

1        Prepares project plans that are realistic and achievable

2        Communicates expectations to project team members regarding deliverable content and quality and establishes and communicates standards for deliverables

3        Manages scope, changes to assignments and priorities as the project situation changes

4        Effectively monitors the quality and timeliness of delivery of Organization engagements, taking action where appropriate to mitigate emerging risks

5        Manages timely resolution of project (technical, schedule, scope and risk) issues

6        Quickly identifies situations in which client is falling short on commitments and raises issue in a manner that contributes to its resolution

7        Effectively communicates project status to Organization and client management

Leadership

1        Is a role model for Organizational Values, making decisions that support our Mission and Vision

2        Demonstrates intellectual rigor

3        Leads team to reconsider critical issues by presenting ideas in new ways or with new supporting data

4        Demonstrates significant initiative in area of expertise, enabling movement of the company along a particular strategic or operational dimension

5        Asks questions that help shape others’ thinking

6        Holds self and others accountable for actions and outcomes

7        Demonstrates multi-dimensional decision making that accounts for business, people and client outcomes

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