THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700


S U M M A R Y


DIARY: September 21, 1993 03:00 PM Tuesday; Rod Welch

Meeting with Anne re UP position on Pier 11 Fender account.

1...Summary/Objective
2...Competition
.......SDS Advantages
.......SDS 100 Times Faster
.......Patent/Copyright
3...Discovering New Knowledge & Ideas
4...SDS Improves Productivity
5...Marketing Plans
.....Next Marketing Phase
6...Application for Litigation Support
.....Recommending SDS
.....Follow Up Demo
.....Product Literature
7...Follow up with UPR


..............
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CONTACTS 
0201 - Knecht, Haley, Lawrence & Smith    415 896 6930 fax 0818
020101 - Ms. Anne M. Bevington, Esquire

SUBJECTS
Pier 11 Fender Reconstruction
Payment Arrangements for UPR
SDS, Marketing, Sales
Demonstrations, Writing & Subject Indexing
Correlations Implications Incite Hunch
Writing in SDS is Doing Management Tasks of
SDS Explanation, Advantages
Automated Integration of Key Management

1810 -    ..
1811 - Summary/Objective
1812 -
181201 - This meeting followed up Ann's letter of 930916, ref DRP 3, per
181202 - ref SDS 16 0000, and our telecon at ref SDS 17 line 65.
181203 -
181204 - Gave an overview of marketing efforts, status and plans.  Ann will
181205 - advise UPR.  They do not need a financial statement until next year.
181206 -
181207 - Ann will consider how SDS might be applied at KHLS and to help clients
181208 - successfully resolve disputes.
181209 -
181210 -
181211 -     Note:  we did not discuss product protection, but background on
181212 -            recent considerations is included below.
181213 -
181214 -
181215 -
181216 -  ..
1813 -
1814 -
1815 - Discussion
1816 -
181601 - This meeting updates discussions with Anne on April 11, 1990,
181602 - ref SDS 1 0784 and Sep 10, 1991, ref SDS 5 0001
181603 -
181604 - Used SDS data base on notebook computer to review SDS marketing, as
181605 - requested by Anne's Sep 16, 1993 letter, ref DRP 3 line 57:
181606 -
181607 -     SDS has been greatly improved in functionality and ease of use
181608 -     over the past two years.
181609 -
181610 -     Showed sales demonstrations given since first of year.
181611 -     Advised of pending proposals on Mission Bay and to MMWD.
181612 -     Reviewed schedule of pending marketing tasks.
181613 -     Reviewed diary on recent SDS improvements.
181614 -
181615 -
181616 -  ..
181617 - Competition
181618 -
181619 - Ann asked about other products that perform like SDS.
181620 -
181621 - I explained only SDS uses POIMS technology, with integrated
181622 - scheduling, and flexible subject indexing.  There are several
181623 - excellent "PIM" programs, e.g. Packrat, Lotus Organizer.  Lotus Notes
181624 - and Commence are good "Workgroups" products.  We reviewed the articles
181625 - on Packrat and Commence at ref SDS 18 0001...
181626 -
181627 -        ..
181628 -       SDS Advantages
181629 -
181630 -        1.  Links between scheduled tasks and diary precedents.
181631 -        2.  Citations to prior events and external sources.
181632 -        3.  Instant Diary access by multiple selection keys.
181633 -        4.  Multiple subjects and record segments for diary events.
181634 -        5.  Unlimited record length.
181635 -        6.  Flexible subject creation and application.
181636 -        7.  Documents linked to diary context.
181637 -        8.  Controlled visibility into wider windows of detail.
181638 -        9.  Automatic follow up
181639 -       10.  Instant reporting.
181640 -
181641 -        ..
181642 -       SDS 100 Times Faster
181643 -
181644 -       These ten features unique to SDS improve management productivity
181645 -       by a factor of "100," over present means, including other
181646 -       software. Accordingly, I conclude there is no meaningful
181647 -       competition for SDS.
181648 -
181649 -
181650 -       Patent/Copyright
181651 -
181652 -       On Aug 31, 1993, I demonstrated SDS to James Hsue and Victor
181653 -       Okumoto, counsel with Majestic, Parsons, Siebert & Hsue, in
181654 -       Embacadero 4, for an opinion on cost and scope of product
181655 -       protection that might be pursued.  Victor responded in a letter
181656 -       dated Sep 2, (received Sep 12), ref DRP 3 0000, which did not
181657 -       address our objective, as set out in my response on Sep 12,
181658 -       1993, ref DIP 5 0000, submitted at ref SDS 14 line 040601.  I
181659 -       expect such an effort would cost from $8K - $20K, and so do not
181660 -       plan on going forward in the near term.  I am interested though
181661 -       in MPSH's opinion, to the extent it can be obtained.
181662 -
181663 -
181664 -  ..
181665 - Discovering New Knowledge & Ideas
181666 -
181667 - The fundamental advantage of SDS is converting writing from a tool to
181668 - merely inform, into a lever to discover new knowledge and ideas, see
181669 - for example discussion with Stan Mosk on 910330. ref SDS 8 5006
181670 -
181671 - Research on 930112 shows writing is the engine of civilization. see
181672 - ref SDS 21 3443
181673 -
181674 - SDS provides a "critical mass" of smoothly integrated features to
181675 - improve the ability to think remember and communicate, as shown in the
181676 - POIMS paper. ref OF 1 6528, also ref OF 1 3742.
181677 -
181678 -
181679 -  ..
181680 - SDS Improves Productivity
181681 -
181682 - Anne said her initial reaction to the SDS record format is that line
181683 - numbers and references make analysis look complex.
181684 -
181685 - SDS provides a flexible environment for controlling management details
181686 - in a complex world, essential to improve productivity.
181687 -
181688 -     [On 980824 reviewed advantage of managing complexity. ref SDS 22
181689 -     3465]
181690 -
181691 - SDS records SHOW the complexity that takes place within the human mind
181692 - of linking relationships, so people can quickly check understanding
181693 - against original sources before taking action that conflicts with
181694 - objectives, requirements and commitments, as explained on 920808.
181695 - ref SDS 9 0008  We can then "remember" correctly in SDS every time.
181696 - When we initially look at what the mind does subconsciously, everyone
181697 - is startled.  But when we use SDS records, the image becomes a rich,
181698 - powerful mosaic to shape the future. see again on 920808. ref SDS 9
181699 - 8335
181700 -
181701 -     [On 940609 Henry Kissinger explains need for proactive management
181702 -     to improve productivity. ref SDS 20 4238
181703 -    ..
181704 - Writing an SDS record of "what" occurred is an integral part of
181705 - "management" work to discover and understand critical nuance,
181706 - correlations and implications of prior events, people, commitments and
181707 - objectives, then plan follow up and get it done on time and correctly.
181708 - A by-product of "performing" the work in this way is a data base that
181709 - we and other can use to perform future work, per Welch Management
181710 - Method, ref SDS 7 line 150.  Thus an intent to "understand" the
181711 - present, creates a strategic resource of past experience that helps in
181712 - the future.  The synergy between past, present and future applied
181713 - through the SDS management cycle:
181714 -
181715 -
181716 -                             Plan
181717 -
181718 -
181719 -                    ..
181720 -                    Report            Perform
181721 -
181722 -
181723 -     ...results in getting more done, better decisions, reduced
181724 -     mistakes, and improved coordination with fewer meetings, phone
181725 -     calls and letters, per ref OF 1 line 177, the essence of
181726 -     integrating MBO and TQM practices.
181727 -
181728 -     [Later became Communication Metrics, ref SDS 20 line 214.]
181729 -
181730 - Anne liked this idea (see also ref SDS 12 line 68, which we examined
181731 - on this point).  We used these features to consider the Welch v. Belli
181732 - matter at ref SDS 18 line 88.
181733 -
181734 -
181735 -
181736 -
1818 -

SUBJECTS
Plans and schedules

1904 -
190401 -  ..
190402 - Marketing Plans
190403 -
190404 - Anne asked if we are advertising and whether SDS has been reviewed in
190405 - publications.
190406 -
190407 -       The marketing burden is getting people to use NEW methods in
190408 -       order to CONSISTENTLY implement well recognized good management
190409 -       practices, see for example the analysis at ref SDS 10 4803.
190410 -
190411 -
190412 - I explained my financial situation has foreclosed advertising, and
190413 - doing the PR necessary to get reviews.  The article I wrote for publi-
190414 - cation in the Project Management Journal, ref OF 2 0000, given to Anne
190415 - for review at ref SDS 5 0000, was rejected on the grounds that since I
190416 - invented POIMS technology, my explaining it is an advertisement, see
190417 - ref SDS 11 line 139.
190418 - ..
190419 - We need advertising, including a demo video.  A future goal is
190420 - to market through executive training seminars, showing how SDS consis-
190421 - tently implements sound management practices.  Information will
190422 - accelerate in coming years, increasing the value of SDS to quickly
190423 - absorb, organize and retrieve critical knowledge and ideas, see
190424 - ref OF 1 line 117.
190425 -
190426 -      ..
190427 -     Next Marketing Phase
190428 -
190429 -     We need to get product into the hands of Users, but so far have
190430 -     sold only 1 unit this year.
190431 -
190432 -     I am considering giving demonstration disks to selected Users with
190433 -     support in order to create a base of customers to validate the
190434 -     increase in productivity and income SDS brings with POIMS.
190435 -
190436 -     We need people who can say from experience:
190437 -
190438 -          "I thought SDS was complicated and would take extra time to
190439 -          fill out the record, but have found it is easy to use and
190440 -          actually saves a lot of time by instantly giving me informa-
190441 -          tion I need to work quickly, yet avoid mistakes."
190442 -
190443 -
190444 -
190445 -
1905 -

SUBJECTS
Legal Metrics, Concurrent Discovery
Law Trial Case Organization
KHLS SDS Supports Legal Practice

2306 -
230601 -  ..
230602 - Application for Litigation Support
230603 -
230604 - Anne said SDS would make a good litigation organizer during trial, for
230605 - documents, subjects, etc?   She feels it would improve the records of
230606 - contract claimants, giving them a better chance to succeed.
230607 -
230608 -       [On 990419 Dave Buocristiani seems to support Common
230609 -       Administration on contracts. ref SDS 23 9420]
230610 -
230611 -       [On 990527 engineer executive proposes lawyers use Com Metrics
230612 -       rather than engineers and managers. ref SDS 24 3082
230613 -
230614 -       [On 990827 proposed using Com Metrics at TRP. ref SDS 25 0001]
230615 -
230616 -       [On 990831 Mike Timpane objects to system. ref SDS 26 4420]
230617 -
230618 -      ..
230619 -     Recommending SDS
230620 -
230621 -     I asked that she inquire within the firm about the potential for
230622 -     SDS to contribute in this manner, and to assist clients with their
230623 -     contract problems, including UPR.
230624 -
230625 -     Anne feels KHLS cannot recommend to clients that they use SDS.
230626 -
230627 -         We considered a lawyers duty to inform clients of actions to
230628 -         protect their interests.  Often this means advising that cer-
230629 -         tain records should be maintained showing compliance with
230630 -         contract provisions and other requirements.  For the reasons
230631 -         set out at ref OF 1 line 350, SDS is the only effective way to
230632 -         do this.  Anne mentioned the difficulty caused KHLS from poor
230633 -         record keeping by clients.  I explained this arises from the
230634 -         accelerated flow of information from communication technolo-
230635 -         gies (e.g. cellular phones, fax), see analysis at ref OF 1
230636 -         line 117.  Accordingly, KHLS may feel it is helpful to inform
230637 -         clients that SDS is a way to capture the record necessary to
230638 -         avoid disputes and succeed when they arise.
230639 -
230640 -
230641 -      ..
230642 -     Follow Up Demo
230643 -
230644 -     I would be happy to give a formal demonstration on how management
230645 -     can be improved and dispute resolution enhanced on behalf of KHLS
230646 -     and its clients, by using SDS.
230647 -
230648 -         Anne recalled Russ Bryson planned to meet with her to discuss
230649 -         SDS, but evidently did not do so, (see my discussion with Russ
230650 -         on Oct 10, 1990 at ref SDS 2 line 28).
230651 -
230652 -
230653 -      ..
230654 -     Product Literature
230655 -
230656 -     Submitted about 10 or so of the new product posters, and 3 or 4
230657 -     SDS Management surveys.
230658 -
230659 -
230660 -
230661 - Follow up with UPR
230662 -
230663 - I offered to make our current financial situation available through
230664 - Ed Traille at S.J. Gallina.  Ann feels this is not necessary at this
230665 - time.
230666 -
230667 - Ann will pass along our discussion today to UPR.
230668 -
230669 -
230670 -
2307 -
Distribution. . . . See "CONTACTS"