Thursday, February 23, 2017

Norma Izzo Featured in Maricopa Lawyer

Jennings, Strouss & Salmon attorney, Norma Izzo, is featured in February's edition of Maricopa Lawyer.

Read the full article: From my perspective (p. 2)

Wednesday, February 22, 2017

Do You Know Where the Data Is?

By: JSS eDiscovery Team

Even with new rules governing proportionality and relevance, preserving and collecting electronically stored data remains an issue in many litigations. Virtually all modern communication is electronic; not just conversations, but all facets of business and personal exchanges.  And the sources of that electronic data continue to evolve. 

Just when the eDiscovery industry got a handle on collecting Outlook Exchange Servers, the tech savvy corporations migrated toward cloud based solutions and put another wrench in the preservation and collection processes necessary for litigation. Recent estimates show that 80-90% of businesses use some form of instant messaging platform on their networks, such as Skype or Lync, and mobile device collaboration tools like Slack, to simplify business deals and team communication, while giving Information governance professionals another headache. As people gravitate away from traditional email to app-based communication, preservation of data for litigation remains an issue, and collecting data in a usable format can be even trickier. 

Many predict that email will soon become a secondary form of communication, being replaced by messaging tools.  The theory makes sense as we see schools take cursive handwriting out of curriculums and issue laptops or tablets to elementary children. The millennial generation, and beyond, expect instant and constant gratification. Emails simply aren’t quick enough. This is an app-based generation where text messaging is already being replaced with Snap Chats and similar “storytelling” communication tools. Moreover, those using text messaging or another app-based messaging product are far more likely to type something they otherwise wouldn’t consider when using the more “formal” email communication, circling back to the issue of preserving data from these sources. 

With the constant emergence of new smart devices, things get even more complicated in the technology arena. For example, privacy issues have become more complicated and precedence as to expectation of privacy has not been clearly set for many new information recording devices. While users are excited about new technology from a quality of life standpoint, they may not be fully aware of the amount of personal data that is being captured. For example, the Fitbit was a huge leap from typical fitness trackers, such as pedometers. Now, wearable data collection technology, such as shoes, tops, and sports bras, come with a built in fitness tracker that syncs back to a mobile app. Today, it seems that every facet of life is being tracked, right down to the cars we drive. Nearly every automobile manufactured for sale in the United States is equipped with a black box, event data recorder, or other telematics system of some sort, recording much more data than a vehicle owner may realize. And now, with the emergence of Amazon Echo, Google Home, and other “smart home” devices, not only is data being recorded, the devices are learning our daily habits. These are just the tip of the iceberg when it comes to technology that compiles data.

So, what does all this mean for you?  Well, that depends.  If you are a plaintiff in a personal injury lawsuit, or an employee under investigation, it may mean a lot to access data revealing your fitness activity over the past few months, or your vehicle records and driving patterns.  But, you might be in the clear if opposing counsel doesn’t know what to ask, or where to look for this potentially relevant data that could cinch their case.  A forward thinking legal team can win cases when they stay current with new technologies, and know the right questions to ask and locations to seek and vet out data from relevant sources.  Corporations can reap the benefits of amended FRCP 37, by keeping a repeatable and defensible preservation plan in place, so long as they know their own data sources and contain employees messaging habits.  While these new data sources may not be relevant in every case, and may not always be at the core of corporate litigation, thinking proactively about issues such as these will benefit legal departments and avoid issues in the future.  Staying on top of tech and how it impacts the legal industry is a far better plan for success than waiting for an incident and reacting to it once it’s too late.  A proactive legal team that is able to navigate eDiscovery methods and align with clients to assist with repeatable and defensible processes can position their clients well in litigation whether on the plaintiff or defense side.  Knowing what to ask, where to look while considering rules of proportionality, and relevance are key ingredients to saving client’s money and minimizing risk of sanctions or other adverse rulings. 

Monday, February 13, 2017

Prepare For Proposition 206 (Infographic)

Proposition 206, referred to as The Fair Wages and Healthy Families Act went into effect January 1, 2017. Business should be aware of the impact Prop 206 has on wages and paid sick leave. JSS attorneys are well versed in Proposition 206 and can help you understand the implications and prepare a plan.

Jennings, Strouss & Salmon Elects New Members

PHOENIX, Ariz. (February 10, 2017) - Jennings, Strouss & Salmon, P.L.C., a leading Phoenix-based law firm, is pleased to announce that Vojtek "VK" Karpuk and Andrea I. Sarmentero Garzon have been elected Members (Partners) of the firm, effective January 1, 2017.

"VK and Andrea have achieved the qualities of professional excellence and demonstrated attributes that are consistent with being a Member of Jennings, Strouss & Salmon," states John C. Norling, Managing Attorney of Jennings, Strouss & Salmon. "The firm is honored to add them as Members and congratulates them both on the accomplishment of this major milestone in their careers."

Karpuk's practice is focused on corporate, securities and finance, intellectual property, government relations, and advertising. He works with both public and private companies on a broad range of legal issues, including private placements, corporate governance, mergers and acquisitions, privacy and data security, and government affairs. Karpuk's intellectual property experience includes trademark registration and protection, protection of copyrightable works, technology license agreements, inventor agreements, and non-disclosure and non-compete agreements. He has experience working with a variety of clients ranging from a state university to emerging life-science companies. Karpuk earned a J.D. from Arizona State University, Sandra Day O'Connor College of Law, and a B.S., cum laude, in Political Science, from Arizona State University.

Sarmentero Garzon focuses her practice on energy regulatory and transactional matters. She works with clients in shaping natural gas and electric regulations and policies in proceedings before the Federal Energy Regulatory Commission (FERC). Sarmentero Garzon has worked on matters concerning transmission revenue requirements, transmission rate incentives, transmission planning and cost allocation, participation in regional energy and capacity markets, licensing of hydropower projects, compliance with FERC's pro-forma Tariff, and compliance with NERC electric reliability standards and PHMSA standards for natural gas pipelines. She received a J.D. at the University of Malaga in Spain, a L.L.M. at the University of Dundee in the UK, a Master's in Business and International Trade at the University Complutense in Madrid, Spain and a diploma in International Nuclear Energy Law at the University of Montpellier in France.

About Jennings, Strouss & Salmon, P.L.C.

Jennings, Strouss & Salmon, P.L.C., has been providing legal counsel for over 70 years through its offices in Phoenix and Peoria, Arizona; and Washington, D.C. The firm's primary areas of practice include agribusiness; automobile dealership law; bankruptcy, reorganization and creditors' rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit and follow us on LinkedIn, Facebook and Twitter.

The firm's affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit


Monday, February 6, 2017