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Articles by Michael D. Berman
“ESI Protocol” v. “Discovery Plan”
“ESI Protocols” are discussed in judicial opinions, articles, webinars, and blogs. They are flexible and useful; however, they may not meet all of the requirements of Fed.R.Civ.P. 26(f). After a Rule 26(f) conference, that Rule requires a “report” with a “discovery plan” that contains information that may not be in an ESI Protocol.
CUInsight Weekly Minute with Linda Lafortune -April 7, 2023
Welcome to the CUInsight Minute, sixty seconds from our Director of Learning & Client Support Linda Lafortune with our favorite reads from the week. Mentioned: Why credit unions should consider a variable credit card interest rate strategy by JAMIE CONRAD, ENVISANT For over a decade, low Fed and prime rates have meant credit unions could maintain fixed loan rates without much squeeze on profit margins.
Review: Pudolla Pants Changed the Way We Move Through Yoga Positions
Practicing yoga can benefit the body and mind. Increasing strength, length, and flexibility while reducing screen time, yoga simply heals. When trying to find zen, thinking about your clothing should not detract. Most yoga gear, including men’s yoga pants, yoga shorts, and even mats are unnecessarily expensive, and sometimes leave you wondering if they’re actually better for your performance, let alone more comfortable. Worrying about the price is not something to do when seeking relief.
Manual processes: Free tools costing your credit union much more than you think
Most people consider spreadsheets, shared drives, and email to be free tools. However, if your credit union uses these tools to manually supervise risk management or compliance, the cost of Excel or other applications is just the start of your expenses. Many credit unions facing increased regulatory scrutiny of enterprise risk management (ERM) and compliance activities have responded by allocating more and more employees to actively managing and carrying out these functions.
Risk, Performance and Banking: What Really Matters
The goal of banks is to create financial stability and profit while building strong relationships with customers, employees and the community. What’s standing between your bank and that goal? Asking that question is the first step to finding out. Banks measure performance in financial terms: they compare loan rates, customer growth and other key performance indicators (KPIs).
Is your third-party vendor or fintech partner putting your credit union at risk?
The only thing more frustrating than getting in trouble is getting in trouble for something someone else did. It’s a situation that all-too common for credit unions partnered with third parties, including vendors, consultants and fintechs. A debt collection vendor doesn’t go by the book and violates The Fair Debt Collection Practices Act (FDCPA). A mobile app provider experiences an outage and members are upset when they can’t access their account information.
The MAGA threat isn't just in Washington. We're facing it in Pa., too
by Capital-Star Guest Contributor, Pennsylvania Capital-Star September 6, 2022 By Michael Berman When I was a kid I learned the story of the emperor who wore no clothes, yet many followers denied reality and helped his delusions of sartorial splendor. Today, we are living that reality. Over the course of the summer, the House Select Committee on January 6 made that case as it presented its findings.
“Modern Attachments” or “Pointers”- What is a Document? (Part IV)
I have written a series of blogs on What is a Document? (Part III), What is a Document? (Part II), and What is a “Document?” In those blogs, I pointed to issues that may be presented by, for example, text bubbles, spreadsheet cells, Excel workbooks with multiple worksheets, PDF Portfolios, and Slack “channels.” Nichols v. Noom, Inc., 2021 WL 948646 (S.D.N.Y. Mar. 11, 2021), addressed whether hyperlinked documents are email attachments. I also addressed the evidentiary concerns raised by Nichols.
Fair lending compliance isn’t just a bank problem
The 5 most common fair lending mistakes by credit unions & how to prevent them Known for their member-centric approach, credit unions have a long-standing reputation for transparency, fairness and their fierce commitment to doing what’s right for their members. This reputation is rarely disputed, but it doesn’t mean credit unions are immune to certain regulatory issues, including fair lending compliance.
CUInsight Weekly Minute with Linda Lafortune - July 29, 2022
Our favorites from the week in sixty seconds Welcome to the CUInsight Minute, sixty seconds from our Director of Learning & Client Support Linda Lafortune with our favorite reads from this week. Mentioned: Gain competitive advantage with the cloud by CHRIS SACHSE, THINK|STACK It’s no secret that smaller credit unions, like small businesses, simply can’t always compete with larger financial institutions and fintechs.
7 fair lending risks you need to know right now
Fair Lending compliance is a hot button issue, making it critically important that your institution has a clear sense of its fair lending risk exposure.
CUInsight Weekly Minute with Robbie Young – July 15, 2022 - CUInsight
Welcome to the CUInsight Minute, sixty seconds from our Associate Publisher Robbie Young with our favorite reads from the week Mentioned: Diversity Day at The Office by OSCAR PORRAS, HUMANIDEI I recently discovered the Superfan episodes of the sitcom, “The Office,” which prompted me to go back and watch the series from the beginning.
Are you ready for the next economic downturn and recovery?
From rising inflation, rate hikes, and a slowdown in growth across U.S. financial institutions, all signs are pointing to a looming economic downturn. According to S&P Global Market Intelligence data, total deposits across the industry were up 1.2% quarter over quarter – the weakest growth since the third quarter of 2020. Additionally, total loans and leases increased 1.0% in the first quarter – down from the 3.0% growth rate in the previous quarter.
3 post-pandemic trends in digital banking
The trend of moving to digital transactions that started during the pandemic shows no signs of slowing down. In the first quarter of 2022 alone, digital active users at Bank of America alone grew to 42 million, up 2 million from a year earlier, and 5 million since the start of the pandemic, according to a Motley Fool blog post. The industry is also seeing strong digital engagement from businesses.
Redlining Isn’t Just a Mortgage Loan Problem
Redlining, or the practice of denying credit to residents of certain areas due to the high number of ethnic or racial minorities living there, is not a new problem. It’s also not limited to mortgage loans. For decades, many lenders avoided or flat-out refused to lend to home borrowers in minority communities.
Redlining Isn’t Just a Mortgage Loan Problem
Redlining, or the practice of denying credit to residents of certain areas due to the high number of ethnic or racial minorities living there, is not a new problem. It’s also not limited to mortgage loans. For decades, many lenders avoided or flat-out refused to lend to home borrowers in minority communities.
Take these 7 steps when exploring a fintech partnership
Fintech is one of the buzziest trends in financial services right now, and no financial institution wants to be left behind. In fact, fintech partnerships have accelerated over the last several years. According to a recent study, nearly two-thirds of banks and credit unions entered into at least one fintech partnership over the past three years, and 35% made an investment in a fintech.
The five key elements of an effective audit program
There’s a reason that internal auditors are called the third line of defense. They ensure your credit union’s operations are safe and compliant. But how do you know if your defense is strong enough? Regardless of whether your credit union has an internal audit function or uses an audit firm, an audit program needs five key elements. I’ve outlined them here. 1. Board Support and Access First, reviewers must be able to objectively assess the operations of a credit union.
Give Your Old LPs a Spin with this New Turntable
Sometimes being older than dirt can work to your advantage. Case-in-point: The folks at Audio Technica just sent us their new turntable to play with. And, being older than dirt, we happen to have an extensive collection of what were once called “vinyl records” (or LPs) collecting dust on a shelf in the basement.
Take it with You
Think you can’t take it with you? Well, the folks at Como Audio beg to differ. They have developed a new Amico portable speaker ($399) that can either expand an existing Como Audio network or be taken on road trips to deliver superior sound away from home. When in range of a WiFi network, the Amico is able to connect to 30,000 Internet radio stations and Spotify in addition to AM/FM stations.
You Can Take it with You
Think you can’t take it with you? Well, the folks at Como Audio beg to differ. They have developed a new Amico portable speaker ($399) that can either expand an existing Como Audio network or be taken on road trips to deliver superior sound away from home. When in range of a WiFi network, the Amico is able to connect to 30,000 Internet radio stations and Spotify in addition to AM/FM stations.
Feast on this Smorgasbord of Tech Gadgets
I’m sitting here, staring at a collection of gadgets that fall into a very specific category among fellow geeks. Yep, I’m staring at a pile of “stuff” that includes a wide-ranging array of gadgets including wireless earbuds, portable chargers, smart home devices and, yes, even a keyboard. Sort of a smorgasbord of devices. And, as with any pile of delicacies, let’s start at the top.
The New Nikon Z6 is Very, Very Quiet
Say farewell to the “click.” Forever! Mirrorless cameras have stealthily hit the DSLR market, which enables us to silence the annoying click or clatter every time we press the shutter button to take pictures. We’ve been playing with the new Nikon Z6 ($1999.95 body only or $2499.95 for a kit including a 24-70 mm zoom lens and a FTZ lens adapter) and it was love at first non-click.
The New Nikon Z6 is Very, Very Quiet
Say farewell to the “click.” Forever! Mirrorless cameras have stealthily hit the DSLR market, which enables us to silence the annoying click or clatter every time we press the shutter button to take pictures. We’ve been playing with the new Nikon Z6 ($1999.95 body only or $2499.95 for a kit including a 24-70 mm zoom lens and a FTZ lens adapter) and it was love at first non-click.
And the Winner Is . . .
Category: Rants Published on Friday, 08 February 2019 Raise the curtain. Light the lights. Cue the music. It’s time for the 24th Annual Bermie Awards! Every vote has been tallied and authenticated by our accounting firm, although this process was made much easier since only one vote counted. The Update, Update Where’s my GD Update Award goes to Microsoft.
And the Winner is . . .
Raise the curtain. Light the lights. Cue the music. It’s time for the 24th Annual Bermie Awards! Every vote has been tallied and authenticated by our accounting firm, although this process was made much easier since only one vote counted. The Update, Update Where’s my GD Update Award goes to Microsoft. The Boys from Redmond didn’t disappoint us with their Windows 10 October Update fiasco, which, I believe, some folks are still waiting for (just a rumor).
It’s Holiday Season: Time to Jingle and Mingle
Have you checked your email lately? How about your SPAM folder? Chances are there are an incalculable number of pitches and links to articles (gift guides?) in there hyping the latest and greatest gift ideas. Well, this is another one! Let’s face it, as the official substitute red-suited bearded fat guy, it’s YOUR responsibility to find gifts that no one knew they wanted. That’s where we come in! Here are five gifts that are guaranteed to make this a memorable Christmas or Chanukah.
Ask Santa to Put These Gadgets Under Your Tree
Jon Lovitz as Hanukkah Harry on Saturday Night Live. It’s almost time for the bearded fat guy in a red suit to break into your house and eat all of your cookies, unless you’ve already been visited by Hanukkah Harry who left you ten cents and a dreidel. With that in mind, we’ve come up with a few items you may have left off your holiday gift list. Healbe’s GoBe2 watch/fitness tracker ($199 but $179 until Dec. 25) is more than your basic Fitbit.
Ask Santa to Put These Gadgets Under Your Tree
It’s almost time for the bearded fat guy in a red suit to break into your house and eat all of your cookies, unless you’ve already been visited by Hanukkah Harry who left you ten cents and a dreidel. Jon Lovitz as Hanukkah Harry on Saturday Night Live. With that in mind, we’ve come up with a few items you may have left off your holiday gift list. Healbe’s GoBe2 watch/fitness tracker ($199 but $179 until Dec. 25) is more than your basic Fitbit.
A Step Forward for Conservation in Mongolia?
Balanced between the Russian and Chinese superpowers, both of which are mineral- and energy- hungry, Mongolia is rich in resources. Three million people share a landmass one-sixth the size of the United States. Because of the sparseness of the population, several of its ecosystems are complex enough to host rare and endangered large mammal species. Wild camels, for example — distinct from their domesticated cousins used for transport and food — shyly evade human contact in southern Mongolia.
Risk Management Among Top 3 Skills for Sought-After CFOs
The role of the chief financial officer (CFO) is evolving. The modern CFO has transformed from a numbers-driven analyst to a leader who oversees initiatives across the entire increasingly digital enterprise. Part of that change is a deeper focus on risk. That’s according to a new research report from Accenture, The CFO Reimagined: From Driving Value to Building the Digital Enterprise. The report lists the three most important skills for CFOs going forward: Long-term strategic thinking.
‘Tis the Season for Home Security
Ah, ’tis the season to be jolly, but that smile may turn upside down if, on Christmas morning, everything’s gone – – – including the tree. Home security is often overlooked as we become overpowered by the holiday spirit. In fact, this is the time of year when we see the most burglaries per day. Professionally-installed home security systems can be expensive ($25 to $56 per month plus installation), but there is a way to feel secure and keep an eye on your goodies.
'Tis the Season for Home Security
Ah, ’tis the season to be jolly, but that smile may turn upside down if, on Christmas morning, everything’s gone – – – including the tree. Home security is often overlooked as we become overpowered by the holiday spirit. In fact, this is the time of year when we see the most burglaries per day. Professionally-installed home security systems can be expensive ($25 to $56 per month plus installation), but there is a way to feel secure and keep an eye on your goodies.
Add Rays of Sunshine to Every Room Using These Speaker Systems
They say a day without music is like a day without sunshine.Ttrue! In fact, thanks to the folks from Como Audio and BenQ, every room in your house can bask in the sun’s rays and you can take them with you. Como Audio has combined their Musica ($599) and Solo ($299) radios to bring great music throughout the house using an app you install on your mobile device. In fact they’re offering a three-room music system ($999) consisting of one Musica and two Solos to get you started.
This Isn't your Grandma's Old VAIO S
It was deja-vu all over again when the folks at Vaio asked us to take a look at the new incarnation of the VAIO S ($1,199 – $2,199), The last time we put this notebook computer through its paces was in November 2016. To sum it up: they’ve come a long way, baby. Speed and performance have been amped up due to its upgrade to Intel’s Coffee Lake processors (you can get it with a Core i5 or i7 eighth generation chip and various storage and RAM combinations).
New Neato Carpet Muncher: The Botvac D7 Connected
OK, so I’m addicted! Sue me! This is seventh robot vacuum I’ve tested (three of them from Neato) and my dependence up them grows with each upgrade. The folks at Neato Robotics just sent us their new Botvac D7 Connected robotic vacuum ($799) and, so far, it has moved to the top of the list.
New Neato Carpet Muncher: The Botvac D7 Connected
OK, so I’m addicted! Sue me! This is seventh robot vacuum I’ve tested (three of them from Neato) and my dependence on them grows with each upgrade. The folks at Neato Robotics just sent us their new Botvac D7 Connected robotic vacuum ($799) and, so far, it has moved to the top of the list.
High-Speed Internet: Pie in the Sky?
My mouth was watering with anticipation! My cable company had just promised me one gigabit per second (gbps) Internet service without increasing my rates! It was too good to be true! And, for many of us with older computers, it could easily become a nightmare. The service techs came and went – – – several times (shaking their heads in disbelief). My one gbps service connected to a network card via an Ethernet cable was delivering a whopping 300 megabits per second (mbps).
High-Speed Internet: Pie in the Sky?
My mouth was watering with anticipation! My cable company had just promised me one gigabit per second (gbps) Internet service without increasing my rates! It was too good to be true! And, for many of us with older computers, it could easily become a nightmare. The service techs came and went – – – several times (shaking their heads in disbelief). My one gbps service connected to a network card via an Ethernet cable was delivering a whopping 300 megabits per second (mbps).
Black Label Donuts
Food Spotting By Katie Honan / Photography By Michael Berman | June 14, 2018 At time of print, Richard Eng remains in critical condition after having been the victim of a violent, senseless crime. Our prayers are with him and his family. Just before 10 on a Sunday morning, Richard Eng carries doughnut trays to a sheet pan rack at Nippon Cha, a tea house and ramen shop on Bell Boulevard in Bayside. A few customers are already lined up inside, waiting patiently with their doughnut wishlists.
Stuff to Make Your Video/Gaming Life Easier
Every once in a while we find ourselves buried in “stuff.” “Stuff,” loosely defined, consists of items sent to us that we continually set aside, honestly believing we’ll get to them “next week.” Well, “next week” never seems to arrive and the “stuff” is constantly shoved aside allowing us to write about more important things such as toe fungus or animal crackers. The first item is one that should be an essential addition to any car’s emergency kit.
"Stuff" to Make Your Video/Gaming Life Easier
Every once in a while we find ourselves buried in “stuff.” “Stuff,” loosely defined, consists of items sent to us that we continually set aside, honestly believing we’ll get to them “next week.” Well, “next week” never seems to arrive and the “stuff” is constantly shoved aside allowing us to write about more important things such as toe fungus or animal crackers. The first item is one that should be an essential addition to any car’s emergency kit.
Another Year, Another Coverup
It happens every time Samsung releases a new smartphone. In fact, most Samsung addicts, like myself, expect it! Now, with the release of the new Samsung Galaxy S9 and S9+, get ready for the great Samsung coverup, where every phone case maker enters the arena to grab your hard-earned cash by offering to “protect” your new phone. The battle has begun and we have three finalists (actually they were the only case manufacturers to send us samples): Urban Armor Gear (UAG), Speck and X-Doria.
TV Addicts may Want to Mend the Cord
Lesson learned in 2017: You may want to think twice before “cutting the cord,” especially if you can’t live without so-called premium channels, a DVR and local sports. Our adventure in cord-cutting lasted about a year as we tolerated buffering delays (with WIFI speeds logging in at 230 megabits per second), dropped connections and mounting subscription fees for PlayStation Vue, Netflix, Hulu and Amazon Prime.
TV Addicts may Want to Mend the Cord
Lesson learned in 2017: You may want to think twice before “cutting the cord,” especially if you can’t live without so-called premium channels, a DVR and local sports. Our adventure in cord-cutting lasted about a year as we tolerated buffering delays (with WIFI speeds logging in at 230 megabits per second), dropped connections and mounting subscription fees for PlayStation Vue, Netflix, Hulu and Amazon Prime.
The Samsung Galaxy S9+ Lives Up to the Hype
Unboxing a new Samsung phone has become a bit of a religious experience in our house – – – and so it was when we received our Galaxy S9+. There it was. Just sitting there in its black box (which is identical to the black box that housed our Galaxy S8+). We slipped out the case. Opened it. An there it was staring back at us – – – a NEW phone that looked exactly like our old one! But appearances can be deceiving.
The Samsung Galaxy S9+ Lives Up to the Hype
Unboxing a new Samsung phone has become a bit of a religious experience in our house – – – and so it was when we received our Galaxy S9+. There it was. Just sitting there in its black box (which is identical to the black box that housed our Galaxy S8+). We slipped out the case. Opened it. An there it was staring back at us – – – a NEW phone that looked exactly like our old one! But appearances can be deceiving.
This Trio of Printers Use Ink, Not Cartridges
The folks at Epson revolutionized the desktop printing industry a couple of years ago when they introduced their EcoTank printers. Well, it seems the original printers mated and have spawned seven offspring. three of which we had a chance to play with. Of course they all boast similar basic features, but there are a few distinct differences.
This Trio of Printers Use Ink, Not Cartridges
The folks at Epson revolutionized the desktop printing industry a couple of years ago when they introduced their EcoTank printers. Well, it seems the original printers mated and have spawned seven offspring. three of which we had a chance to play with. Of course they all boast similar basic features, but there are a few distinct differences.
Getting Sirius about Tech Gadgets
How Sirius are you about the music you listen to in your car or while enjoying the solace of the home front? The folks at SiriusXM make it easy with their Onyx EZ radio ($19.99 with a $20.99 per month subscription to SiriusXM Radio). The package also includes either a Dock & Play Home Kit or Vehicle Kit, with the option of purchasing additional kits for $49.99 each. These kits include mounts, antennas and power adapters for either your car or house and are very easy to install.
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