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Law Technology Daily Digest
   
Friday, July 3, 2015
 
Vol. 15, No. 130
 
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 TOP NEWS
Top News
 STRATEGY / BUSINESS
News/Blogs
Vendors
Corp Legal
 PRACTICE SUPPORT / E-DISCOVERY
News/Blogs
Vendors
 KNOWLEDGE MANAGEMENT
News/Blogs
Vendors
 BUSINESS DEVELOPMENT / MARKETING
News/Blogs
Vendors
 FINANCE
News/Blogs
Vendors
 ALSO OF NOTE
News/Blogs
Vendors
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Calendar
 EMPLOYMENT
ILTA Jobs
ALA Jobs
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CORRECTION The DMS Did It (in the cloud with a service)

I was planning to take today off as part of the holiday, but the mistake I made yesterday won't allow me. The feedback on this post has been interesting (and I'll get to that in a minute), but first I need to apologize and issue a correction. I'm not sure how I flubbed it, but the NetDocuments firm I was thinking was Dorsey & Whitney, NOT Chadbourne & Parke. I was able to confirm that Chadbourne is an iManage shop. Dorsey was one of the first "big" firms to go with NetDocuments and proudly declare its use on their website. Dorsey does not appear to be on the list of 278 outside counsel used by HSBC, so I can't make the counterpoint I originally intended. It is entirely feasible that one of the other 277 outside counsel firms is a NetDocuments user, but I cannot confirm that. Again, my apologies to all parties for my cloudy memory.

So on to the feedback.

There were several emails about the misinformation, confusion and lack of clarity over definitions of all kinds including public and private clouds. There was also feedback about some IT-types being bias against cloud solutions. Education remains a significant hat for IT professionals to wear. We have to educate not only our own senior management and our clients, but sometimes some of our peers as well.

As one would expect, there were the pro and con NetDocuments emails. Some of you wrote to defend NetDocuments, arguing that they provide better security than many firms can provide internally. Knowing the state of many law firms' internal security, I can't argue that. Some of you were confident that staying where you are (not NetDocuments) is the proper course of action. But back in part to the first point, let's not confuse cloud computing with security. You can have one and not the other. The choice of a DMS isn't a simple one. I will say the very nature of leased software creates the need for an entirely different philosophical approach to your systems design and things like disaster recovery. Be cautious of what you "own" and what you're only "leasing."

One of you liked my Clue reference. Thank you. Clue rocks!

Neil Hodge's post at LegalVoice, Don't sleepwalk into the cloud - the challenges for law firms and their clients was recommended to me. It's a very good read (on the long side). Ben Weinberger apparently saw both Neil Hodges and The Orange Rag stories and wrote his own response, Are you speaking to your clients? on LinkedIn Pulse. Neil talks about various GCs, their needs and desires as well as Solicitor's Regulation Authority (SRA) and the SRA Code of Conduct (similar in concept to the ABA Model Rules of Professional Conduct). The GCs seem more risk adverse to having their information in the cloud, but allow that not all data is created equal. It also reinforces the idea that lawyers remain on the hook for client data regardless of where they store it. Ben makes some good arguments and hits on the point that "No longer is this an argument about which technology is more secure but rather it's about meeting your clients' needs." I have to say, why speaking to clients is such a hard thing for lawyers to do is beyond me. I'd much rather proactively speak to them at the beginning of an engagement then have that angry conversation in the middle or the end!

There are also some interesting comments to another LinkedIn post by Ben. [You may have to click "Show previous comments" and "show more" on select comments to read it all] It was suggested that the comments by Farrer & Co's IT Director, Neil Davison, would have been made with "the firm leadership are completely on-board and fully engaged in this decision." I certainly hope so. Is there any other way to operate? An honest and open dialog between IT, firm management and those responsible for risk should be happening routinely. If it isn't, something is seriously broken at your firm.

Should firms "challenge some of their clients blanket no-cloud rules" as one commentor suggested? I would strongly suggest substituting "educate" for "challenge" and refer you back to my hat comment earlier. It is their information and regardless of whether the client makes their rule based on 100% scientific fact or is influenced by fear (rational or irrational), I would argue that would be a battle you cannot win.

Then there is a bit of NetDocuments/HP Autonomy tit-for-tat as Matt Duncan notes that NetDocuments allows on-site "private storage" (by client or matter) to address the issue in Neil's original comment. Geoff Hornsby seems to get some clarification that it is not a 100% non-cloud solution, just document storage location. So there you have it. I think. Check in with your vendors for additional detail or clarification to questions you might have about your specific environment.

If you think that once you work through this issue, you are done and can forget it, might I kindly remind you that this is not a rotisserie oven by Ron Popeil. The world is constantly changing - stand still for even a short time and you could get overwhelmed. As an example, as of July 1st, Formal Opinion 471 from the ABA's Standing Committee on Ethics and Professional Responsibility says clients aren't entitled to the entire file, just the "end-product." (Unless the client changes lawyers midstream, then the "calculus changes."

So this may well be the longest highlight I've ever written. A bit long winded for an apology, but hopefully I won't cross my facts in the future. And hopefully, you've found this educational. Enjoy your Fourth of July Holiday weekend.

You can go back to the original posts at legalit insider:
Passing Clouds: The Cloud Club - client consent not required? (EDITORS CUTS)
Passing Clouds: The Cloud Club - Client Consent Not Required ?

- | | -

Driving Change

Change! Everyone needs to know how to do it better! "Four ILTA members who hold leadership positions within their law firms share their insights, strategies and best practices to build support for information governance, knowledge management and enterprise content management initiatives." Listen to more at ILTA Audio Podcasts:
Driving Change in a Law Firm - Brian Donato Interview
Driving Change in a Law Firm - Erin Adell Interview
Driving Change in a Law Firm - Ginevra Saylor Interview
Driving Change in a Law Firm - Matt Coatney Interview

- | | -


Jeffrey "mea culpa" Brandt, Editor

Connect with me on LinkedIn Jeffrey Brandt
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Westlaw - KeyCite 2015
 

TOP NEWS

Top News

  1. Who Gets the Notes? The ABA Sides With Firms, Bloomberg BNA: Law Departments, July 2, 2015
  2. Driving Change in a Law Firm - Brian Donato Interview, ILTA: Podcasts, July 2, 2015
  3. Driving Change in a Law Firm - Erin Adell Interview, ILTA: Podcasts, July 2, 2015
  4. Driving Change in a Law Firm - Ginevra Saylor Interview, ILTA: Podcasts, July 2, 2015
  5. Driving Change in a Law Firm - Matt Coatney Interview, ILTA: Podcasts, July 2, 2015

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STRATEGY / BUSINESS

News and Blogs

  1. Why emerging-market companies acquire abroad, McKinsey Insights & Publications, July 3, 2015
  2. Lawyers, Cabbies, and Uber, Bloomberg BNA: The Legal Market, July 2, 2015
  3. Skadden Ranks No. 1 in Worldwide Deals, Bloomberg BNA: The Legal Market, July 2, 2015
  4. LegalZoom Threatens Small Firms, Solos; But What About Big Law?, Bloomberg BNA: The Legal Market, July 2, 2015
  5. Who Gets the Notes? The ABA Sides With Firms, Bloomberg BNA: The Legal Market, July 2, 2015
Corporate Legal Focus

  1. Mitratech Introduces HBR as 1st Certified Legal Analytics Partner, HBR Consulting: News, July 2, 2015
  2. Apple may face class action L&E suit, Inside Counsel, July 2, 2015
  3. The Case of the Lipstick Lesbian: Avoiding gender-stereotyping claims, Inside Counsel, July 2, 2015
  4. Culture fit as a diversity blocker, Inside Counsel, July 2, 2015
  5. Mitratech intros first certified legal analytics partner program, Inside Counsel, July 2, 2015
  6. Skadden Ranks No. 1 in Worldwide Deals, Bloomberg BNA: Law Departments, July 2, 2015
  7. Who Gets the Notes? The ABA Sides With Firms, Bloomberg BNA: Law Departments, July 2, 2015

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PRACTICE SUPPORT / E-DISCOVERY

News and Blogs

  1. Fast Tip Friday – Split Zip Archive Using 7-Zip, Litigation Support Guru, July 3, 2015
  2. E-discovery powers up legal processes - KMWorld Magazine, (eDiscovery), July 3, 2015
  3. Satellite Image Labeled with Automatically Generated “Tack” and GPS Coordinates Not Hearsay, Electronic Discovery Law - K & L Gates, July 2, 2015
  4. How to Manage and Delete Data in a Responsible and Defensible Manner, DSIcovery, July 2, 2015
  5. The Fifth e-Discovery Magic Quadrant: Illustrating 3 Key Trends in the Legal Landscape, Complex Discovery, July 2, 2015
  6. Worldwide Archiving Software Forecast, 2015-2019: Market Growth Fueled by Public Cloud Archiving, Complex Discovery, July 2, 2015
  7. Four Steps To Implementing New SEC Cybersecurity Guidelines, Complex Discovery, July 2, 2015
  8. Smartphone "Kill Switch" Becomes Law in California, Ride the Lightning, July 2, 2015
Vendor Announcements

  1. IBM Named a Leader in Gartner’s Magic Quadrant for Solid-State Arrays, StoredIQ, July 2, 2015
  2. IBM, NVIDIA and Mellanox Launch Design Center for Big Data and High Performance Computing, StoredIQ, July 2, 2015

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KNOWLEDGE MANAGEMENT

News and Blogs

  1. Lean KM and the Minimum Viable Product, Knoco Stories, July 3, 2015
  2. Learning for a Change ; Fast Company ; Business Innovation, Post Shift News, July 3, 2015
  3. E-discovery powers up legal processes, KM World Research Center: Rec Mgt, eDiscovery, Compliance, July 3, 2015
  4. The Need for Specialized Application Programming Interfaces for Human Genomics R&D Initiatives, The Subway Fold, July 2, 2015
  5. Startup Snapshot: Pablo Arredondo, CodeX Blog, July 2, 2015
  6. Law library fees an issue for County Board - ABC Newspapers, (Law Library), July 2, 2015
  7. Summer Hours Are In Effect, Farnam Street, July 2, 2015
  8. Why Open Source is Important to Analytics Industry, Bridgei2i: Analytics Solutions, July 2, 2015
  9. "Big data: are we making a big mistake?", KIN Blog, July 2, 2015
  10. Mandated Clawback, infogovnuggets, July 2, 2015
  11. Linklog 36: digital, culture and organisations, Post Shift Blog, July 2, 2015
Vendor Announcements

  1. Justices' Financial Reports Shed Light on Alito 'Unrecusal', Blog of Legal Times, July 2, 2015
  2. Morning Wrap: The Lawyering Up Edition, Blog of Legal Times, July 2, 2015
  3. Looking Back at the Tenth Year of the Roberts Court, Blog of Legal Times, July 2, 2015

Top
 

BUSINESS DEVELOPMENT / MARKETING

News and Blogs

  1. LXBN TV: Lawyers and Marijuana, Contingent Fees, EEOC Pregnancy Guidance, Real Lawyers Have Blogs - Kevin O'Keefe, July 3, 2015
  2. Micro-Hiring: An Emerging Trend in Law Firm Selection and What It Means for Your Firm, Law Vision Insiights, July 3, 2015
  3. Musings on Strategy and Chambers Bay, Law Vision Insiights, July 3, 2015
  4. The 5 key components to a successful client team program (that are often overlooked), Law Vision Insiights, July 3, 2015
  5. How the Search Ended for the Best Marketing Company for a Las Vegas Personal Injury Attorney, Law Firm and Attorney SEO and Internet Marketing, July 2, 2015
  6. The 5 Biggest eDiscovery Challenges at Government Agencies, Matters of Practice, July 2, 2015
  7. NBA All-Star demonstrates power of on-line authenticity, Real Lawyers Have Blogs - Kevin O'Keefe, July 2, 2015
  8. Remarkable Lawyer With Autism Is Determined to Help Others, Law Firm and Attorney SEO and Internet Marketing, July 2, 2015
  9. Wake Up Call: Kirkland Poaches From Latham in Munich, Bloomberg BNA: Law Firm Marketing, July 2, 2015
  10. What do Martindale-Hubbell, Debbie Harry and Legal Marketing have in common?, The Legal Watercooler, July 2, 2015
Vendor Announcements

  1. Ipro Named as a Careerbuilder® Top Company, Edge Legal Marketing, July 2, 2015
  2. DriveSavers eDiscovery & digital forensic solution are legally defensible, repeatable & customizable, Edge Legal Marketing, July 2, 2015
  3. With posted proof of an annual SOC 2 Type II audit, data privacy is protected at DriveSavers., Edge Legal Marketing, July 2, 2015

Top
 

FINANCE

Vendor Announcements

  1. nQueue Delivers Three Major Upgrades, nQueue Billback: Current News, July 2, 2015
  2. Siskinds LLP Becomes the First Canadian Firm to Select MatterSphere from Thomson Reuters Elite, Thomson Elite: Press Releases, July 2, 2015

Top
 

ALSO OF NOTE

News and Blogs

  1. Tell us: as a data scientist, what is your super power?, Data Science Central: Featured Blog Posts, July 3, 2015
  2. Plex forums hacked: IPs, private messages, encrypted passwords compromised, Help Net Security, July 3, 2015
  3. The top three banking malware families, Help Net Security, July 3, 2015
  4. You've been breached, now what?, Help Net Security, July 3, 2015
  5. Mastercard Wants To Use Your Face To Pay For Things, TechWeekEurope UK, July 3, 2015
  6. EE Hit With £1m Fine For Mishandling Customer Complaints, TechWeekEurope UK, July 3, 2015
  7. Belfast law firm Tughans caught up in £7 million storm, Global Legal Post: Big Stories, July 3, 2015
  8. Reed Smith picks up Gide finance partner, Global Legal Post: Big Stories, July 3, 2015
  9. CCBE wins case against the Dutch State on surveillance of lawyers, Global Legal Post: Big Stories, July 3, 2015
  10. Latham loses Munich founder to Kirkland & Ellis, Global Legal Post: Big Stories, July 3, 2015
  11. Law firm sues Las Vegas casino over $3.4m spent by ex-managing partner, Global Legal Post: Big Stories, July 3, 2015
  12. Law knowledge gap delays drone use in Virginia, Global Legal Post: Big Stories, July 3, 2015
  13. White House Orders Review of Rules for Genetically Modified Crops, New York Times: Technology, July 2, 2015
  14. Renée James, President of Intel, Is Leaving the Company, New York Times: Technology, July 2, 2015
  15. HistorySource: The Polaroid Swinger: Changing the Market in an Instant, New York Times: Technology, July 2, 2015
  16. Bits Blog: Chiefs of T-Mobile and Sprint Spar on Twitter, New York Times: Technology, July 2, 2015
  17. Orkambi, a New Cystic Fibrosis Drug, Wins F.D.A. Approval, New York Times: Technology, July 2, 2015
  18. The Phases of a Data Breach: Finding the Attack Before the Damage is Done, Legaltech News: Tech Law News, July 2, 2015
  19. How to Improve Your E-Discovery RFPs, Legaltech News: Tech Law News, July 2, 2015
  20. Kim Dotcom appeals US seizure of his millions, jet skis, and more, Ars Technica, July 2, 2015
  21. Chevy builds A/C vent for hot phones into new cars, Ars Technica, July 2, 2015
  22. It’s official: North America out of new IPv4 addresses, Ars Technica, July 2, 2015
  23. WikiLeaks drops new set of secret TISA docs: Yep, no one agrees, Ars Technica, July 2, 2015
  24. Superfast Cornwall Fibre Rollout Generates £186m For Economy And 4,500 Jobs, TechWeekEurope UK, July 2, 2015
  25. BNY Mellon Lands Top WilmerHale Partner, Bloomberg BNA: Technologist, July 2, 2015
  26. Lawyers, Cabbies, and Uber, Bloomberg BNA: Technologist, July 2, 2015
  27. ​Disruption Lex Redux A Look Back Michael Mills, Neota Logic Blog, July 2, 2015
  28. Invisible Apps: Behind the Scenes of Mobile, American Bar Association: Law Technology Today, July 2, 2015
  29. Crowdsourcing legal research website adds writing tool that ‘could be a game-changer’, ABA Journal - Legal Technology, July 2, 2015
  30. Courts are reconsidering residency restrictions for sex offenders, ABA Journal: Monthly Magazine, July 2, 2015
  31. Meet 6 lawyers who are also racecar drivers, ABA Journal: Monthly Magazine, July 2, 2015
  32. Clemency Project 2014 is out to help prisoners doing excessive time due to inflexible sentencing, ABA Journal: Monthly Magazine, July 2, 2015
  33. Pea Guacamole Defenders Step Up, New York Times: Technology, July 2, 2015
  34. Bits Daily Report: As More Tech Start-Ups Stay Private, So Does the Money, New York Times: Technology, July 2, 2015
  35. Jitters in Tech World Over New Chinese Security Law, New York Times: Technology, July 2, 2015
  36. Garage projects break new ground, Minecraft links with learning and Microsoft shows Pride — Weekend Reading: July 2 edition, Official Microsoft Blog, July 2, 2015
  37. New 'Masque' Malware Permutations Represent Risk for iOS Users, Legaltech News: Tech Law News, July 2, 2015
  38. The 5 Privacy Stories Making Waves in June, Legaltech News: Tech Law News, July 2, 2015
  39. Confirmed stupid: A patent on firewalls, circa 2000, Ars Technica, July 2, 2015
  40. Heads-up displays in cars can hinder driver safety, Ars Technica, July 2, 2015
  41. Drone hunts down suspect in car theft and robbery, Ars Technica, July 2, 2015
  42. The state of the 64-bit transition in iOS, and what’s left to be done, Ars Technica, July 2, 2015
  43. Office 365 Developer Podcast: Episode 052 on client side dev with Mark Rackley, Microsoft Office Blogs, July 2, 2015
  44. Announcing compliance toolset for public folders, Microsoft Office Blogs, July 2, 2015
  45. Introducing new and modern chart types now available in Office 2016 Preview, Microsoft Office Blogs, July 2, 2015
  46. Office 365 now offers seamless integration with educational open source software, Microsoft Office Blogs, July 2, 2015
  47. Amazon releases new, easily auditable TLS implementation, Help Net Security, July 2, 2015
  48. Harvard University suffers IT security breach, Help Net Security, July 2, 2015
  49. Cloned, booby-trapped Dark Web sites steal bitcoins, login credentials, Help Net Security, July 2, 2015
  50. How safe is the Windows 10 Wi-Fi sharing feature?, Help Net Security, July 2, 2015
  51. Putting Feelings Into Words-Emotion Differentiation-An Important, Learnable Skill [for Lawyers] for Improved Emotion Regulation Capacity and Healthier Psychological Capacity, Psycholawlogy, July 2, 2015
  52. ICO Finds Reports Of Nuisance Calls And Texts Up 12 Percent, TechWeekEurope UK, July 2, 2015
  53. BBC To Cut 1,000 Jobs, Merge Tech Teams As Online Viewing Leads To £150m Shortfall, TechWeekEurope UK, July 2, 2015
  54. Zuckerberg: Machines Will Not Win, But Expect Telepathic Comms, TechWeekEurope UK, July 2, 2015
  55. IBM And NVIDIA Launch OpenPOWER Research Centre In France, TechWeekEurope UK, July 2, 2015
  56. Devon & Somerset Turn To Wireless To Bring Superfast Broadband To National Parks, TechWeekEurope UK, July 2, 2015
  57. Factory Robot Crushes Man To Death, TechWeekEurope UK, July 2, 2015
  58. Windows 10 Lets You Share Wi-Fi Password Wirelessly, But Is It Safe?, TechWeekEurope UK, July 2, 2015
  59. Why Secura Hosting Chose Infinity SDC To Be Its Data Centre Provider, TechWeekEurope UK, July 2, 2015
  60. Donald Trump Hotel Card System Hacked, TechWeekEurope UK, July 2, 2015
  61. Why New Payment Methods Will Displace Cash, Not Replace It, TechWeekEurope UK, July 2, 2015
  62. LexBlog releases its 2015 Am Law 200 Blog Benchmark Report, Legal Current: Thomson Reuters, July 2, 2015
  63. Outragists Attack Trump and Win, Dilbert, July 2, 2015
  64. De-Escalataion Ain’t What It Used To Be, Mimesis Web TV, July 2, 2015
  65. Bratton Says No To Minimal, Ineffective Oversight, Mimesis Web TV, July 2, 2015
  66. LegalZoom Threatens Small Firms, Solos; But What About Big Law?, Bloomberg BNA: Technologist, July 2, 2015
  67. Wake Up Call: Kirkland Poaches From Latham in Munich, Bloomberg BNA: Technologist, July 2, 2015
  68. FFIEC Cybersecurity Assessment Tool: Not Just For Financial Institutions, Information Counts, July 2, 2015
  69. Is Your Law Firm Blog Mobile-Friendly? If Not, It Should Be, Technologist: FindLaw Legal Technology Blog, July 2, 2015
  70. Driving Change in a Law Firm - Brian Donato Interview, ILTA: Podcasts, July 2, 2015
  71. Driving Change in a Law Firm - Erin Adell Interview, ILTA: Podcasts, July 2, 2015
  72. Driving Change in a Law Firm - Ginevra Saylor Interview, ILTA: Podcasts, July 2, 2015
  73. Driving Change in a Law Firm - Matt Coatney Interview, ILTA: Podcasts, July 2, 2015
Vendor Announcements

  1. SOS Connect is ideal fit for Streeter Marshall, Legal IT Professionals, July 3, 2015
  2. Automatic Metadata Scrubbing is New Feature in TheFormTool's Office Productivity Software, Legal IT Professionals, July 3, 2015
  3. HotDocs and K2 announce technology partnership, Legal IT Professionals, July 3, 2015
  4. Dirt Cheap, Highly Secure, Travel Laptop Now Only $110, Affinity Consulting, July 2, 2015
  5. SOS start month with a brace of new deals… and yes, there’s another Elite swapout, Legal IT Insider, July 2, 2015
  6. Game on – SettlementAnalytics automated litigation analysis tool means business, Legal IT Insider, July 2, 2015
  7. Patton State Hospital saves over 50% and removes document backlogs with Winscribe Text, WinScribe, July 2, 2015
  8. VoicePower, Winscribe, and Calderdale & Huddersfield NHS Foundation Trust join forces with the sole aim to improve patient care, WinScribe, July 2, 2015
  9. The One Super Easy Security Thing You’re Not Doing, ivision, July 2, 2015
Law Firm Announcements

  1. Shearman & Sterling Advises on Banca Sistema IPO, Shearman & Sterling, July 2, 2015
  2. Fanuele Receives 'Real Estate Lawyer of the Year' Honors at Corporate M&A Legalcommunity Awards 2015, Shearman & Sterling, July 2, 2015
  3. Lilienfeld Quoted on SEC Clawback Plan, Shearman & Sterling, July 2, 2015
  4. Shearman & Sterling Advises Government of Mongolia on Debut Dim Sum Bond, Shearman & Sterling, July 2, 2015
  5. Shearman & Sterling Earns Two Turnaround Atlas Awards, Shearman & Sterling, July 2, 2015
  6. Latham M&A Co-Chair Jumps to MoFo, Bloomberg BNA: The Legal Market, July 2, 2015
  7. BNY Mellon Lands Top WilmerHale Partner, Bloomberg BNA: The Legal Market, July 2, 2015
  8. Wake Up Call: Kirkland Poaches From Latham in Munich, Bloomberg BNA: The Legal Market, July 2, 2015

Top
 

EMPLOYMENT

ILTA Job Postings

  1. Manager of Applications Development | Lowndes, Drosdick, Doster, Kantor & Reed, P.A., July 2, 2015
  2. Marketing Technical Assistant | Akin, Gump, Strauss, Hauer & Feld, L.L.P., July 2, 2015
  3. IT Support Analyst | Squire Patton Boggs, LLP., July 2, 2015
  4. Desktop & Applications Engineer | Morrison Mahoney, July 2, 2015
ALA Job Postings

  1. CHIEF OPERATING OFFICER (COO) - Oregon , July 2, 2015
  2. RECEPTIONIST - Virginia  - Reston, July 2, 2015
Other Employment Opportunities

  1. Job: Government Knowledge Manager, Gurteen Knowledge, July 3, 2015

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