Preparing for Disasters of the Legal Kind

Preparing for Disasters of the Legal Kind

As businesses begin to realize the benefits of cloud computing and business data mobility, they may be overlooking one of the most important issues any enterprise can face: information management in the event of litigation.  While the IT department probably has a disaster recovery plan for handling various computer system failures, is there also a plan for managing system data and electronic information in the event of a “legal disaster”?  In the spotlight is e-discovery, which is the requirement of the business to respond to legal requests for electronically stored information, and the issues CIOs and business owners should be paying attention to as computing solutions and technology models continue to change at a rapid pace.

The popularity of BYOD (Bring Your Own Device), data sync solutions, and online collaboration tools has created an environment where business data may exist in various states (meaning as in conditions or status, not as in State, like California) and on a variety of devices and systems, some of which may not be in the direct control of internal IT.  Regardless of where or how the information was delivered to these devices and systems, CIOs and business owners should recognize that the information on those devices is included in discovery requests, and should be prepared with a plan for dealing with the response.

This “e-discovery plan” is the most important thing, and it means not only working through the various aspects of managing the information, but also providing consideration to keeping the plan updated.  As technology changes, and as user behavior changes along with it, businesses must adjust their IT management approaches in kind.  Consider that a user couldn’t store business data on their phone until the phone was able to handle that function.   Now that smartphones are the norm and tablet computers are gaining in popularity, business data is roaming on personal and business devices.  These advancements may introduce productivity and process gains which provide an advantage to businesses, but they also introduce potential risk and certain complexity when it comes to e-discovery.

Litigation is always expensive, but sanctions for slow response or other costs can be avoided if the plan helps the business respond in a timely manner.  For this reason, the plan should include an identification of all sources for information (every location where business information and data is stored), as well as the steps to be taken to preserve this data in the current state.  If the business has systems which regularly purge information (like accounting systems which purge prior period details, email systems which automatically purge old emails, or backup systems which delete old backup files as new ones are made), all of these activities must be halted.  If the company doesn’t have access to control the various devices and systems to prevent these activities (or doesn’t know that they are happening), significant risk is introduced.  In the case of a legal “hold”, all data and metadata and the audit controls and files must be preserved.

The final steps in the plan are the steps to be taken after the litigation is over.  This is often times a forgotten part of the plan, which is the final destruction of the information gathered for discovery.  Not that the original data must be destroyed (consider ALL dependencies), but the “database” of collected information related to the litigation probably should be.  With this data pooled in a single place, it becomes a potentially valuable target for a data breach.  At minimum, the collected information could too-easily be pulled into an entirely new legal case.

IT managers, CIOs and business owners must be realistic about the information their enterprises generate and store, including being realistic about the risk potential that duplicated and mobile data represents.  It is not that the enterprise should be afraid of allowing mobility and providing remote access solutions, but it is essential that the enterprise control the use of these solutions and how they use or interact with business data.   Without a strictly enforced policy of usage and control for all devices, services and solutions “touching” business data, any legal disaster planning falls short.

Joanie Mann Bunny FeetMake Sense?

J

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e-Discovery in the Cloud: Benefits versus Risks

e-Discovery in the Cloud: Benefits versus Risks

After many years of working with business professionals in “enabling” their organizations to make better use of technology, I must say that it is a bit frustrating trying to get folks to understand that this new and wonderful cloud computing model (or Internet-based computing, SaaS, or whatever-you-want-to-call-it computing) is still just technology.  It uses computers and disk drives, it runs software, it takes electricity, and it was developed by human beings.  It can break.   It’s not magical and perfect and you can’t get the good stuff for free.  Swim at your own risk.  So, assess the risks, and measure the benefits against the risks and costs.  For many, the benefits outweigh the risks, as cloud computing approaches can deliver advanced capabilities at cost levels not previously available to most businesses.

No industry is immune to the security and access considerations surrounding a cloud computing model.  Particular those lawyers involved in e-discovery (all of them) have recognizing the potential benefits – and tradeoffs – of the model.  This reality was clearly revealed at the ILTA (International Legal Technology Association) 2010 event in Las Vegas.  While the discussions at the conference were oriented specifically towards the legal profession, the IT-related discussions are totally relevant to every business.  Accounting and finance professionals should pay close attention to this type of conversation, as it relates very directly to accounting’s approach to information technology and the application of IT in the business or professional practice.

In a recap of the event entitled ILTA 2010 in Las Vegas: Strategic Unity, Defensibility, and the Cloud, author Chris Dale discussed that professionals in both public and corporate service must work with the IT departments towards a common goal.  “IT is no longer just a service department providing an infrastructure, applications, training, and troubleshooting.”  While these elements still remain as critical aspects of IT, the role has grown to also incorporate considerations for collaboration (collaborative information management), mobility, and social media.

Recounting one session attended, called Defensible Ediscovery Processes, the author related the variety of definitions provided to the general term” defensible”, which were pretty amusing.  These definitions ranged from protected against attack, to less lousy practices or practices which suck the least” (my personal favorite), and finally, what you can get away with without being found guilty of spoliation.  From these definitions then came qualifiers, such as “reasonableness” and “faith”.

Why would defensible processes be important, and how does this relate to IT or cloud computing?  An example of the element of “faith” came up in this context: ” how can [lawyers] have faith that the technology is delivering the right answers?”  A panelist gave the sample of “an email retrieved from (or possibly not retrieved from [love those lawyers]) a system, with 26.5 pages missing.  How can you be sure that the systems which you are using will not do that to you?”  These are valid questions in any IT environment, and are no less important when considering a cloud-based technology model.   The trade-offs are related to perfection in functionality and performance of the solution versus cost, and should be measured in proportion to one another.

The tradeoffs may come in a variety of areas, with collaboration and connectivity being the primary drivers (collaboration) and barriers (connectivity) to the model.  Businesses are more than ready to adopt cloud computing strategies based on the belief in improved collaboration, access to information, and improved IT management,  but tend to overlook the offsets in the areas of bandwidth availability (and consistency), application functionality (or lack thereof), and level of support available from the provider.  In support of this argument,  Jerry Justice (IT Director for SS&G – Certified Public Accountants and Advisers) posted in a LinkedIn discussion on the topic that “by design the Internet is ‘reasonably’ connected, but not the same as a well-connected [local] network.  the upside is it gives you the ability to connect from great distances, the tradeoff is that you experience variable connectivity.”

The underlying issues are that there is a paradigm shift to working on the Internet (from working in the office) and then another shift when you add in cloud-based environments (versus local apps).  It is possible to be very productive, but .. you have to adapt your approaches“.

The idea “that perfect must be qualified by cost and proportionality” was also discussed in an ILTA session on cloud computing which included panelists from Autonomy iManage, Mayer Brown, and Ernst & Young.  “Cloud computing remains a contentious area, with no obvious agreement even as to what the term means, let alone as to its implications” wrote Mr Dale in his recap of the event.  While the panelists held differing views, the representative from Mayer Brown held a position similar to Mr Dale, in that it is important to “dissect the objections one at a time, accepting that there is room for more than one view, and testing arguments against the alternatives.  Arguments based on pure cost are pretty compelling, and if one method of achieving an objective is very much cheaper than the others, then the burden shifts to those who argue for the more expensive route.”

Discussions went on to describe differences between public cloud providers and others, who segregate customer data in “private and identifiable silos”.  “The key word here is identifiable“, writes the author, “which connotes a geographical certainty as well as anything else.  I sometimes wonder if the imagery associated with cloud computing (invariably a jagged line disappearing into some cumulus) does not leave some people with the idea that their precious data is indeed floating in some inchoate container up in the air.”

If you neglect to provide in your contract that your data remains in a specified jurisdiction, and if you fail to conduct proper due diligence checks on the provider, then you deserve all you get.  Like any risk assessment, it involves weighing cost against other factors; most of these other factors are definable and quantifiable“.

I couldn’t have said it better myself.

Joanie Mann Bunny FeetJ

original post March 24, 2011

Moving Your Systems to the Cloud

The IT industry is promoting Software as a Service and online applications as the new normal for computing, and unless you’ve been living under a rock for the past few years you have heard how it is supposed to make our computing lives ever so much better.  Hiding under that rock might also have spared you from reading about the various failures and outages which impact users, forcing them to make do without the online applications and data they have become so reliant upon.  It’s surprising, but not unimaginable, that businesses rely so heavily on applications and services that didn’t even exist a few short years ago.

The potential benefits of a SaaS model are many, but the risks are equally significant and should not be minimized.  This assessment should center on a review of the application software in use, considering whether or not it is meeting the needs of the business.  Where and how the software runs is much less of an issue than the functionality and process support it provides – most “legacy” applications can be run in a cloud server environment, making remote access and managed service part of the service model.

There is risk in changing business applications – risk of data loss, changed or broken data relationships, lost productivity, and more.  Many businesses would benefit by running their applications in a cloud model while continuing to utilize the software solutions their operation relies on.

Application hosting models where desktop applications are delivered on cloud servers is  often overlooked when businesses go looking for cloud software because they are shopping for software and not the platform.

With Software as a Service (SaaS), the software and the platform are combined and together represent the solution. With application hosting on a cloud server, the software is the same software a business would traditionally run on PCs and servers, but the they are installed and managed on the cloud server rather than the local computers.

The big benefit is the agility of the platform and the user mobility it allows.  The unspoken benefit is that you can still “take your ball and go home” if the service doesn’t work out.

Removing the barriers for adopting an online working model allows the business to experience the benefits attached to cloud computing without introducing unnecessary risk through unneeded changes in software and applications.

Make sense?

J

 

Hosting All My Applications in the Cloud

Many business owners will recall when their first in-house computer networks were installed.  When the PCs were networked together in an office, it made file sharing and collaboration among team members easier and more efficient.  Installing additional applications on the PC was a relatively simple process, and when the new application came with the ability to integrate with another app already on the PC, it was often a fairly simple process to get the two “talking” together.  But installing and integrating applications on your personal computer is a bit different from getting multiple applications installed and integrated with a cloud hosting service provider.

In almost all cases, integrating multiple desktop software solutions requires installing those solutions on the same computer so that they can share certain program elements or, at least, share .ini or data files.  Application integration is important because it allows different software solutions to work together, communicating data from one application to the other so the information may be used in different ways or for different purposes.

An example of this might be a Microsoft Office integration with QuickBooks, which allows the user to perform a one-click export of QB financial data to an Excel spreadsheet.  Another example is the integration between QuickBooks and Fishbowl Inventory, which synchronizes information from the Fishbowl inventory system into the QuickBooks financial software.

In nearly every case where a software program has a software-based integration with another solution, the integration must be installed in the same system as the core solution.  In the QuickBooks world, this means that the programs which integrate with QuickBooks must be installed on the same computer as QuickBooks.

In a conventional PC network, the necessity of installing the various software solutions on the same machine is not a big problem as PC software and integrations have been implemented in this manner for years.  On the other hand, when the business is considering the option of moving desktop applications to the cloud, it is important to make sure the provider and service will allow all of your products to be hosted.  In most cases, this requirement highlights the main difference between a shared service versus a dedicated or server-based solution.

With shared services, the servers are generally configured to offer a strict and limited set of applications to be hosted.  The applications on the servers are used by subscribers of the service, and users are limited to accessing only those applications available in the environment.  The shared approach is popular with some application hosting providers as it creates an economy of scale which helps providers to earn more revenue on their infrastructure.    The trade-off is that a shared hosting solution only works well for businesses with a limited application requirement, and is generally fairly expensive when more users are added to the service.

The need for diversity in hosted application choices, coupled with the need for businesses to keep costs down even as the number of business users increases, are the primary drivers for adoption of dedicated and server-based cloud hosting solutions.  When the solution is managed as an entire environment rather than on an exclusively per-user basis, an economy of scale is developed within the organizational IT infrastructure.  As the business grows and adds more users and applications, the incremental costs to bring each user or application onto the platform is often far less than a user subscription in a shared solution.

For any business planning to migrate their server and systems to the cloud, the first step is to have a thorough understanding of the applications and integrations the business needs in the host environment, and then to find a hosting provider that can deliver the infrastructure and baseline system administration required.  It is unreasonable to expect a hosting provider to be an expert with every software product available, but skilled and experienced hosting providers understand how to generally install and implement most standard business applications and will rise to meet the customer demand.

While no business can guess what their future software needs may be, decisions can be reasonably made based on the solutions currently in use.  Finding a provider with a service to meet immediate needs is useful, but businesses change and therefore business requirements change, and it is good to know that the hosting infrastructure and IT services supporting the business can adjust to those changing needs.  After all, cloud hosting of applications and data just means the servers and infrastructure are with the service provider and not in the office, but it doesn’t mean businesses can’t have the feature-rich and functional applications their businesses have come to rely on.

Make sense?

J

What Small Businesses Need To Know about QuickBooks and the Cloud

With all the talk of cloud computing and having remote access to business applications and data, many small business owners are finding themselves searching for the answer to cloud-ifying their tried-and-true QuickBooks desktop software.  At first view, most business owners get the impression that their only viable choices are to either move up or down the product line – downgrading to QuickBooks Online Edition, which lacks the features and functionality they’ve come to expect from QuickBooks, or upgrading to QuickBooks Enterprise Edition, the only version Intuit visibly supports on terminal servers and which is far more expensive than the Pro or Premier editions.

It is surprising how many accounting or even IT  professionals don’t understand the real options available to their small business customers wanting to move entirely to a cloud-based IT strategy, particularly when it comes to QuickBooks.  This is no fault of the IT guy or accountant – unless they’re specializing with QuickBooks, there are some options they are simply not being made aware of because it isn’t where Intuit is focusing its marketing efforts.  Intuit wants businesses to buy QuickBooks Online.  The market, on the other hand, likes the QuickBooks desktop products and wants them in the cloud.  The well-kept secret is that businesses can have their QuickBooks desktop editions in the cloud and it works the same way as it does on the desktop.

Hosted QuickBooks isn’t rocket science; it’s simply a method of installing QuickBooks desktop software on servers and making the solution available to users via the Internet.  Many business offices are already doing this type of thing without really recognizing it – accessing the office PC via a Remote Desktop connection so they can work on their QuickBooks or other applications from home.

A QuickBooks hosting solution is essentially the same thing: QuickBooks software and the company data exist on a computer in a data center, and the user connects to that computing environment, application and data via a remote connection.  Most providers use the same underlying technology (Remote Desktop) to deliver their hosting services that users deploy in their own offices – they just use “bigger” versions of it and sometimes a little extra technology with it to help out.  The point is that Remote Desktops and hosted applications are not new or bleeding edge technologies; they are a proven means to effectively and efficiently deliver seamless remote access to computing resources (environment, apps, data, etc.).

Perhaps the weirdness surrounding the QuickBooks licensing is part of the problem; I’ve seen this confusion prevent businesses from running their QuickBooks on remote systems simply because they could not figure out the right way to do it and still conform to licensing rules.  Consider that QuickBooks is essentially a single-user application, and it’s the database manager that really allows concurrent multi-user access to a data file.  The program was not designed to have multiple users of the PROGRAM all running from one computer concurrently (which wasn’t a problem when only one person at a time used a computer).

But these days, with terminal servers and remote desktop capabilities, a single computer is essentially turned into a box containing a bunch of user environments (call them desktops, sessions… whatever).  Each of these user environments (desktops/sessions) are running at the same time and on the same computer.  So, when a user goes to launch QuickBooks and then open a QuickBooks company file, the database manager looks at the computer running the QuickBooks license and says “ok, you have a license to allow QB to access a data file with one user”.  When the next user launches QuickBooks from that machine it will allow them to open the program, but if they try to connect to the same data file as the first user, guess what?  QuickBooks database manager looks at the computer and license and sees the same single-user license number coming from the same computer.

A single-user license means only 1 user can access the company file concurrently (at the same time).  So, if two or more people are on the same terminal server (remote desktop server), and are trying to access the same company data file concurrently, the QuickBooks license on their terminal server must be at a level that allows all of them to access the company file at the same time, e.g., a 2- or 3-user license.  This is not intuitive.

Another issue relating to QuickBooks licensing on a terminal server or remote desktop setup is the fact that it’s a really awesome method of giving more users access to QuickBooks than you legally should.  This is an unfortunate technical reality of the product, and is possibly an issue which influences Intuit’s lack of support of the product in this type of environment.  While the licensing language and the operation of the database manager indicate that each user running QuickBooks should have a license, the technical reality is a bit different.

The technical reality is that a single QuickBooks license installed on a terminal server could possibly be actively used by any number of people on that server – all at the same time – as long as those users don’t try to open the same company file at the same time.  Of course, this is in direct violation of the license agreement and is essentially a situation where a single QuickBooks license is being unlawfully accessed by more users than it is licensed for.  Intuit does not approve of this model as it falls into the category of software piracy, but I sure see a lot of accounting firms applying it for client QuickBooks access. (It’s often a statement about how, as a ProAdvisor, the accountant gets their license each year, installs it on the terminal server, and magically all clients now have access to the new edition!).  **Note to self: if your service provider or accountant gives you “free and automatic” upgrades to QuickBooks each year, you may want to look a bit further into whether or not the licensing is actually legitimate; the risk to your business books isn’t worth avoiding a $249 investment**

Another thing that often prevents businesses and their IT people from moving QuickBooks to a hosted solution is the lack of available support.  While Intuit says that they support QuickBooks Enterprise in a terminal server environment, there is no such offering for the Pro and Premier editions.  In reality, this doesn’t mean that the solutions won’t work, because they will.  It simply means that Intuit won’t support the installation directly.  Perhaps this is the best and most evident reason to work with an authorized QuickBooks hosting provider.  Particularly when it comes to your business accounting and financial data, it makes sense to make sure it is running in a supported environment.  There are few things as frustrating and potentially damaging to business than losing customer, vendor and accounting information.  Let us still be realistic about this, though.  QuickBooks was not designed to run on a terminal server, and its behavior and performance may not be flawless.  In most cases, however, any tradeoffs are easily weighted towards the benefits of mobility, security and IT management.  You get glitches with QuickBooks even on a local PC, so occasionally experiencing them with QuickBooks in the cloud should be expected.

Small businesses need help with their information technology, particularly as even simple to use solutions like QuickBooks continue to get more technically complex (simple to use often means there’s a lot going on behind the scenes).  And small businesses want worry-free IT, so they can focus on running the business and not on running computers.  For these reasons and more, the small business owner and the IT person serving small business should take a close look at hosting their QuickBooks desktop software – along with their other business applications – with a trusted cloud hosting provider.  Yes, you can have your QuickBooks in the cloud.  Today.

Make sense?

J

Moving to the Cloud While Retaining Your Investment in People, Process and Business Knowledge

Moving to the Cloud While Retaining Your Investment in People, Process and Business Knowledge

cloud-businessWhen businesses consider moving their information technology to the “cloud”, the problem is often approached with a thought that things will have to change dramatically in order to achieve a fully online working model.  In many cases, business owners are left believing that any business use of cloud technologies is the equivalent of changing software and systems over to SaaS solutions, enabling the much-desired anytime/anywhere working model.  What too many businesses aren’t being told is that there are a variety of ways to move to the cloud, and changing software and systems isn’t necessarily a prerequisite.

The benefits of a cloud computing model are many, with mobility and managed service being the most obvious.  Less evident are the potential cost savings, because the subscription approach to paying for IT services may, on the surface, look like an equivalent or even higher cost over time.  What isn’t being factored in to the cost (savings?) is the potential to improve processes and increase productivity.  These benefits are often achieved simply due to a centralized management and access approach, and are not necessarily attributable to the adoption of new software tools.

For many businesses, the cloud is the right answer for deploying and managing IT and should be considered first, before changing out the software and tools in use throughout the organization.   This approach has been widely adopted by businesses using Microsoft Exchange messaging solutions, where in-house Exchange servers are being replaced by outsourced Exchange providers and users experience the same functionality but with far better uptime and protection.  The same approach is working for businesses electing to move their in-house business software and systems to the cloud, engaging with application hosting providers to install and manage existing desktop and network applications and to secure business data on the host.  Users are able to access their native desktop applications via the cloud, allowing businesses to retain their investments in people, processes, and business knowledge.

Purists may contend that hosting of desktop applications is not truly “cloud”, but the terminology is far less important than the benefits businesses can achieve with a hosted application approach. For most folks, the “cloud” refers to Internet-based solutions and software delivered as a subscription service.   When desktop applications are deployed on remote servers and the environment is managed and protected by the service provider, it is pretty much a cloud solution.

Particularly as Microsoft and others continue to move away from packaged all-inclusive solutions for local installation, small businesses are finding that the cloud, hosted applications and remote access provide the answers to a variety of business IT problems.  Even more, those answers are being provided affordably, with a simplicity of setup not previously available, and with higher levels of service than was reasonably available with localized IT.

Information technology professionals at all levels are now recognizing that their small business and enterprise clients can experience many benefits with a cloud hosted and managed IT approach.  It doesn’t take a comprehensive application or process overhaul to begin improving internal IT operations for the business.  It makes no sense for a business to give up investments in training, process development, and people knowledge in exchange for a centrally managed and remotely accessible system.  Rather, the smart business takes the steps to solve the real issues of IT management and mobility while allowing users to continue performing their tasks and doing business as usual – only better  because the IT is now working for them.

Make sense?

J