For many years, Sharon Nelson and John Simek have hosted the Digital Detectives podcast to bring practical advice and much needed guidance to help attorneys protect their law firms. In this, their final episode, they finish off with yet another round of current stats on cybersecurity issues and the measures to take to ensure your data’s safety. Sharon and John’s good friend David Ries joins them for this last conversation, where they explain the latest threats and give advice for improving security practices to protect the future of your law firm.  Thank you, Sharon and John, for all the time, energy, and dedication you have poured into Digital Detectives. We wish the best for both of you in your retirement! Your parting words to us should be echoed back to you—please take care of yourselves and each other.  If you should ever need Sensei’s digital forensics, managed technology and managed cybersecurity services, find them at senseient.com. David G. Ries is Of Counsel in the Pittsburgh PA office of Clark Hill, PLC, where he practices in the firm’s Cybersecurity, Data Protection and Privacy Group.

A strong foundation for your law firm should be built on sensible cybersecurity policies and procedures. What should that look like? Sharon Nelson and John Simek have a conversation with Mike Maschke about best practices for establishing effective security for your business. Mike walks listeners through a variety of security considerations to be aware of and explains staff training needs, Zero Trust Architecture, keeping software current, encryption protocols, and much more.  Mike Maschke is the chief executive officer and director of cybersecurity and digital forensics at Sensei Enterprises, Inc.

Whether you’re willing to admit it or not, no firm is too small to be a target for hackers. Each and every one—from large firms all the way down to solo attorneys—is susceptible to cybersecurity incidents. So, how do you avoid becoming a statistic? Sharon Nelson and John Simek talk with Mark Bassingthwaighte about the bad tech habits of law firms that lead to breaches and what to do to fix your security vulnerabilities.  Check out these resources from today’s conversation:  Social Engineering Awareness Training Vishing – An Old Scam with a New Twist KnowBe4 Blog SANS.org OUCH! Newsletter SenseiEnt.com For more on cyber security risk mitigation from ALPS, subscribe to the ALPS Blog at: https://blog.alpsinsurance.com/blog-subscribe Mark Bassingthwaighte, Esq. has been a Risk Manager with ALPS, the nation’s largest direct writer of lawyers’ malpractice insurance, since 1998.

AI is capable of doing so many things in the legal tech world, not least of which are its uses in digital forensics. Sharon Nelson and John Simek welcome Shashi Angadi to discuss AI’s current applications in cybersecurity—including threat detection, analysis, evidence gathering, and more. Shashi offers real-world examples of AI at work and shares his thoughts on what we might expect in the future of generative AI technologies.  Shashi Angadi is CTO at Exterro and one of its original co-founders.

We all know generative AI is making significant waves all over the world, but lawyers need to take a hard look at its implications in the law and their own legal practice. John Simek and Sharon Nelson welcome Doug Austin to discuss AI technologies and their impacts on attorneys. They cover notable legal cases, new ABA resolutions, the latest AI trends in legal practice, and much more.  Doug Austin is an established eDiscovery thought leader with over 30 years of experience providing eDiscovery best practices, legal technology consulting, and technical project management services to numerous commercial and government clients. Mentioned in this Episode: Resolution 112 - American Bar Association   Resolution 700 - American Bar Association  Resolution 604 - American Bar Association  The GPTJudge: Justice in a Generative AI World

Employees within your organization are likely a bigger risk to your cybersecurity than threat actors from without. Why? Because it very often takes an insider to let in an outsider. Sharon Nelson and John Simek talk with Mike Barnsback about prevention strategies for both internal and external threats. Mike explains common tactics employed by cyber attackers and how the right policies and training can protect your firm from a breach.  Mike Barnsback is managing partner of O’Hagan Meyer in Alexandria, Virginia, where he counsels employers on issues concerning internal monitoring and data breach response obligations and procedures.

BakerHostetler’s latest data security report is here, and while the threat landscape is proving to be as consistent as ever, companies have been doing a better job at identifying and containing breaches more quickly. Sharon Nelson and John Simek dig into the details of the report with Joe Bruemmer, helping listeners understand current data breach trends and how to best protect against attacks. For more on BakerHostetler’s 2023 Data Security Incident Response Report check out the key takeaways or get complimentary access to the full report. Joe Bruemmer is a partner in BakerHostetler’s Digital Risk Advisory & Cybersecurity Team and is the Ohio Digital Assets and Data Management leader.

The world’s ever-growing tsunami of digital data creates a huge need for technology capable of filtering it for modern e-discovery processes. So, what’s the best tool for the job? Sharon Nelson and John Simek talk with Andy Wilson about why AI is perfectly equipped to deal with massive data sets, saving people the time (and tedium) historically associated with discovery. Andy discusses current uses of AI in e-discovery and goes on to explain its applications in redactions, legal holds, audio review, transcriptions, and much more. Andy Wilson is co-founder and CEO of Logikcull. Mentioned in this episode: Culling Reloaded: 10 New Ways to Be in Control of Your eDiscovery Reality Is It Worth the Time? - xkcd

AI is already changing the legal profession, and law schools have a responsibility to stay on the cutting edge of this technology to equip future lawyers with all they need to know about its impacts and uses. Sharon Nelson and John Simek talk with Dean Andy Perlman about the current landscape of AI in legal practice and education. They discuss ChatGPT’s debut, shaping ethical and socially responsible uses of AI, the importance of embracing AI in legal education, and much more. Andrew Perlman is the dean of the Suffolk University Law School and the inaugural chair of the governing council of the ABA Center for Innovation.

Cyber attacks are almost entirely responsible for today’s data breaches, and, increasingly often, the details of these breaches are vague—leaving security experts with a growing list of questions. Sharon Nelson and John Simek talk with James Lee about the Identity Theft Resource Center’s latest Data Breach Report. They discuss current trends, the challenges of nebulous data breach notices, and what all organizations should be on the lookout for in the coming year. James E. Lee is Chief Operating Officer at the Identity Theft Resource Center.

There’s no “set it and forget it” for your law firm’s cybersecurity. Effective security is a continuing process, and the start of a new year is a great time to see how your firm is doing. Sharon Nelson and John Simek talk with David Ries about how to give your firm a cybersecurity checkup. They outline what lawyers need to include in their assessment and where to find reliable information on the latest security tools, training, resources, and statistics.  David G. Ries is Of Counsel in the Pittsburgh PA office of Clark Hill, PLC, where he practices in the firm’s Cybersecurity, Data Protection and Privacy Group.

Cyber criminals aren’t taking time off for the holidays. In fact, Sharon and John had a surprise Thanksgiving morning when they learned that hackers had attacked their own company over 400 times throughout the night. Thankfully, their security wasn’t breached, but this experience highlighted for them once again the increased risk we all face as the holiday season approaches. To keep you from getting the gift of ransomware for Christmas, Sharon and John give a comprehensive overview of ways to recognize suspicious activity and combat cyber attacks.

Communicating with clients is essential to good lawyering, but doing so without proper precautions could set you up for trouble. Sharon Nelson and John Simek discuss the ethics of lawyer communications with Daniel Siegel, an attorney and current chair of the Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility. They talk through the new guidance issued by this committee and best practices for secure communications through email, smartphones, and more.

Rapid changes in cybercrime and the security that keeps it at bay have left many lawyers’ heads spinning. With so much continuous change, how do you keep up with ethical cybersecurity needs for your firm? To help lawyers understand current best practices, Sharon Nelson and John Simek talk through the must-have measures legal ethicists deem essential for all law firms and offer tips for finding cyber-insurance at an affordable price.

ILTACON’s peer-driven approach strives to provide a unique experience for the legal industry with its heavy focus on education and attendee involvement. Sharon Nelson and John Simek welcome Doug Austin to debrief on ILTACON 2022. They cover highlights, lowlights, and how the conference stacks up against other legal tech events. Doug Austin is an established eDiscovery thought leader with over 30 years of experience providing eDiscovery best practices, legal technology consulting, and technical project management services to numerous commercial and government clients.

In the midst of Alex Jones’ defamation trial, the whole world found out that an almost unthinkable blunder had been committed by his attorneys, resulting in an inadvertent waiver of privilege that majorly impacted his case. How did this happen? What do legal professionals need to learn from this high-profile gaffe? Digital Detectives hosts Sharon Nelson and John Simek welcome Craig Ball to talk listeners through events in the Jones trial, the actions of the lawyers involved and Texas’ unique rule regarding inadvertent production, and the systems and tools all attorneys must employ to avoid such an egregious error in their own practice. Read Craig’s full blog post on the subject: Ripped From the Headlines: Alex Jones and Inadvertent Waiver.  Craig Ball practices as a Special Master in electronic evidence and discovery, is a longtime adjunct professor at Texas School of Law and Tulane Law School, and writes and speaks around the world on e-discovery and computer forensics.

Studies show that over 70% of people haven’t the foggiest idea who to call first when they discover a data breach. If you’ve just realized you’re one of them, tune in! John Simek and Sharon Nelson talk with cybersecurity lawyer Beth Waller about what lawyers need to know about data breach response and how to have a proactive, compliant cybersecurity plan. Beth Waller is chair of the Cybersecurity and Data Privacy Practice at Woods Rogers.

Unfortunately, data breaches are becoming a ‘when’, not ‘if’, scenario, but a proactive data protection strategy will definitely help! Sharon Nelson and John Simek talk with Peter Baumann about what businesses should do to get ahead of threat actors and develop effective responses to breaches. They discuss the risk distinctions between structured and unstructured data, talk about lawyer-specific data considerations, and explain how to assess your security needs and get the right tools for the job. Peter Baumann is CEO and founder of ActiveNav, a leading data privacy and governance software provider.

Avoiding a data breach should be amongst your top priorities, and understanding threats and causes helps you improve your preventative measures. Sharon Nelson and John Simek welcome back Craig Hoffman to unpack the findings of BakerHostetler’s 2022 DSIR Report. They outline the security mishaps that just won’t go away; talk about ransomware and companies’ interactions with “reliable” vs. “unreliable” threat actors; discuss the enhancement of security through training, training, training; and much more.  Craig Hoffman is a sought-after digital risk advisor who co-leads the Digital Risk Advisory and Cybersecurity team at law firm BakerHostetler.   Special thanks to our sponsors CaseFleet, Clio, Embroker, and PInow.  

The online space for Russia’s civil society has been slowly closing for nearly a decade, but after the invasion in Ukraine, governmental powers quickly seized control of internet freedoms—banning and blocking at will. What does this mean for the flow of information and the future of the internet both in Russia and internationally? Digital Detectives hosts Sharon Nelson and John Simek welcome Eva Galperin to discuss perspectives on the effects of censorship, Russia’s ways and means of accomplishing its internet restrictions, and how some Russians still find ways to access independent news.  Eva Galperin is Electronic Frontier Foundation's director of cybersecurity.   Special thanks to our sponsors CaseFleet, Clio, and PInow.  

Lawyers need to stay up on cybersecurity news to understand both the current threats and the mistakes made by others. Failure to keep up could eventually result in a breach! Sharon Nelson and John Simek discuss this topic with Lucien Pera to learn more about lawyers’ ethical responsibilities for technology and cybersecurity competence and why failures could result in a lawyer facing disciplinary action.  Lucian T. Pera is a partner at Adams and Reese LLP in Memphis, Tennessee, where he focuses his practice on commercial litigation, media law, and legal ethics work.   Special thanks to our sponsors CaseFleet, Clio, and PInow.  

The overall number of data compromises is up 68% over 2020. Now, more than ever, attorneys must take action to protect themselves and their law firms. John Simek and Sharon Nelson welcome James E. Lee of the Identity Theft Resource Center to discuss the findings of his organization’s 2021 Data Breach Report. James discusses common root causes of data breaches and explains how prevention tactics and data security services can help lawyers avoid and/or deal with a data compromise.  James E. Lee is the chief operating officer of the Identity Theft Resource Center.   Special thanks to our sponsors CaseFleet, Clio, and PInow.

Cybersecurity keeps changing at an ever-quickening pace, and, really, it’s probably going to stay that way. Sharon Nelson and John Simek welcome friend and cybersecurity expert David G. Ries to discuss some of the major happenings of the past year and what we should expect for 2022. David gives an overview of current cyber-threats and notable data breaches, discusses government efforts to fight cybercrime, and lays out the latest best practices to help you protect your business.  David G. Ries practices in the areas of environmental, technology, and data protection law and litigation   Special thanks to our sponsors CaseFleet and PInow.

Our government has been earnestly campaigning against ransomware and cybercriminals — seizing cryptocurrency, offering bounties, and issuing frequent alerts. Sharon Nelson and John Simek talk with Ariel Parnes about the tactics involved in this war on ransomware, implications for lawyers, the importance of constant vigilance during the holidays, and who to call if you’re the victim of an attack.  Ariel Parnes is co-founder and chief operating officer at Mitiga, a cloud incident readiness and response company.   Special thanks to our sponsors CaseFleet and PInow.

The stats are in, and law firms are truly ill-equipped to combat ransomware. So, what should they do? Sharon and John welcome David White of Axio to talk about his company’s 2021 State of Ransomware Preparedness Report. David talks about their key findings and offers a back-to-basics approach that helps lawyers and law firms take steps to prevent cyber attack.  David White is president and co-founder at Axio.    Special thanks to our sponsors CaseFleet and PInow.

More than half a million jobs in cybersecurity go unfilled each year, showing a major need for more individuals to enter this ever-growing field. Think you might be up to the challenge? John and Sharon talk with Rob Lee about training available through the SANS Institute and the current hottest areas in the profession. Rob also offers recommendations, both for young people hoping to orient their college education toward cybersecurity and professionals looking to make a career shift into the field.  Rob Lee is the chief curriculum director and faculty lead at the SANS Institute. Special thanks to our sponsors CaseFleet and PInow.

Prevention is key when it comes to cybersecurity, and lawyers simply can’t afford to skimp on security technologies. Sharon and John talk with expert Sherri Davidoff about growing cyber threats and the changing nature of attack tactics. They discuss the impacts of these new developments on lawyers and law firms and chat about how to prioritize security measures, reduce your risks, and create a budget plan that addresses all your cybersecurity needs.  Sherri Davidoff is a cybersecurity expert, author, speaker and CEO of both LMG Security and BrightWise, Inc. Special thanks to our sponsors CaseFleet and PInow.

ESI expert reports can be critical to presenting a case, but lawyers all know these reports are sometimes so complicated or jargon-filled that all the non-experts struggle to comprehend them. That’s not how it should be! Digital Detectives Sharon Nelson and John Simek welcome Craig Ball to discuss his tips for creating useful, accessible expert reports that effectively communicate their findings to the court.  Read Craig’s full blog post on this topic at craigball.net. Craig Ball practices as a Special Master in electronic evidence and discovery, is a longtime adjunct professor at Texas School of Law and Tulane Law School, and writes and speaks around the world on e-discovery and computer forensics. Special thanks to our sponsors CaseFleet and PInow.

With cyber threats and their respective defenses evolving at an ever-quickening pace, ongoing and frequent cybersecurity training is a must for today’s law firms. With some of the recent major cybersecurity events in mind, Sharon and John offer practical examples and training tips for improving employees’ cyber threat awareness and preventing an attack on your firm. Special thanks to our sponsors CaseFleet and PInow.

Tom Lambotte shares valuable tips for small-firm attorneys on how to adequately guard against cyber attacks. Special thanks to our sponsors CaseFleet and PInow.

Digital risk advisor Craig Hoffman talks through the uptick in ransomware attacks and other data security incidents found by BakerHostetler Data Security Incident Response Report. Special thanks to our sponsors CaseFleet and PInow.

Brigadier General Patrick Huston discusses common myths about AI and its role in our national security and military. Special thanks to our sponsor PInow.

Lawyer and cybersecurity expert Stewart Baker examines the president’s current plans for our nation’s most pressing cyber concerns.

Jeffrey Wells explains the SolarWinds hack and cybersecurity questions law firms should be asking in the wake of this massive attack.

Sharon Nelson and John Simek offer insights into which types of security evaluations lawyers should consider for their law firms.

Clio COO George Psiharis talks through this year’s trends and the sweeping transformative effect COVID-19 has had on the legal profession.

Attorney and cybersecurity expert Ted Kobus addresses the rapid increase in ransomware incidents in 2020 and explains what law firms should do in the event of an attack.

Doug Austin and Brett Burney give best practice tips for audio and video discovery.

Judy Selby gives a comprehensive overview of the many uses and risks associated with biometric information.

Cybersecurity expert Mike Maschke explains how penetration tests help lawyers protect themselves by identifying weak points in their security systems.

Maura Grossman discusses how TAR is used by medical researchers to support their efforts to understand and treat COVID-19.

David Ries gives an overview of work-at-home and remote access best practices.

Doug Austin surveys the current state of the eDiscovery industry and discusses emerging trends.

Ben Schorr shares tips for improving security in Microsoft products.

John Simek and Sharon Nelson answer lawyers’ frequently asked questions about how to work remotely and securely.

David Ries breaks down the trends in The Identity Theft Resource Center’s 2019 End-of-Year Data Breach Report.

Michael Mills surveys the landscape of AI and its ethical implications within the practice of law.

Mary Mack and Kaylee Walstad share updates on EDRM’s current projects and plans for the future.

Andy Wilson discusses the cloud revolution’s impacts on legal professionals.

Tom O’Connor offers tips for handling common problems surrounding 30(b)(6) witness depositions.

Brett Burney outlines best practices for preserving and producing online evidence.

Ed Walters delves into all things AI and discusses the ABA’s resolution urging a deeper study of AI’s legal and ethical issues.

Gail Gottehrer explores the scope of the Internet of Things and gives an understanding of the privacy, security, and legal issues associated with IoT devices.

Sharon Nelson and John Simek help give guidance for lawyers with cybersecurity paralysis, and have a discussion on how to improve security based on the size of the firm and types of information held.

We hear plenty about data breaches and cyber crimes in the news, but most of us don’t know much about the day to day practice of those trusted to deal with them. Darius Davenport joins hosts, John Simek and Sharon Nelson, to discuss how he helps his clients deal with cybersecurity concerns and privacy matters. He shares the path that led him to this specialized practice, the kind of matters he deals with, and the advice he has for his clients and any business that needs to protect its data.

What do lawyers need to look out for when handling a defamation case? In this edition, hosts John Simek and Sharon Nelson welcome Joe Meadows for a discussion about internet defamation. They outline what constitutes online defamation and talk about the key issues lawyers need to consider in this highly nuanced practice area. Joe discusses current trending cases and gives his take on the future of defamation case development.

In this episode, hosts Sharon Nelson and John Simek talk to Brett Burney about what lawyers need to know about digital forensics on mobile devices. They discuss Brett’s mobile data collection spectrum, which outlines methods of data collection and preservation for lawyers and their clients. Brett gives tips on what lawyers should consider in these processes to ensure the best results, including the importance of hiring digital forensics technologists when lawyers are uncomfortable with technology.

In this 100th episode, Sharon Nelson and John Simek talk to Sherri Davidoff about her career as a penetration tester and what she has developed with the companies in the area of cybersecurity. They discuss why law firms should consider pen testing in order to illustrate areas of weakness in security and become better protectors of their information. They also get a sneak peek of Sherri’s upcoming sessions at ABA TECHSHOW 2019.

The processes of eDiscovery and its regulation are constantly changing. The challenges that come with this continuous evolution require lawyers to be educated on best practices. In this episode, hosts Sharon Nelson and John Simek talk to Doug Austin about the most prominent trends in eDiscovery. They talk about the new developments in data privacy laws from 2018 and discuss the most significant criminal and civil eDiscovery cases.

How can lawyers keep up with developments in the cybersecurity world? Legal professionals need to be educated, but finding the most reputable sources for information can be a challenge. In this episode, Sharon Nelson and John Simek talk about their favorite cybersecurity resources for lawyers. They discuss how they go about keeping up with the latest innovations and give personal recommendations on where to find information you can trust.

In this day and age, cybersecurity should be essential to any law firm. Hosts Sharon Nelson and John Simek are joined by Kellam Parks, a managing member of Parks Zeigler, PLLC in Virginia Beach, to discuss why cybersecurity is essential to your firm, incident response plans, cyberinsurance, cybersecurity measures, and Kellam’s impressions of solos/small firm’s cybersecurity awareness and preparedness.

Hosts Sharon Nelson and John Simek talk to David Ries about the need for law firms to develop a quick and logical way to respond to a data breach. They explain the steps in creating an incident response plan and how to rehearse its execution. In the event of a breach, firms can use their plan to quickly eradicate threats and take corrective action. Hackers’ tactics are constantly evolving, but there are many resources to help lawyers keep pace with the threat.

Just because you get Office 365 installed and working properly doesn’t mean that it’s automatically secure. Hosts Sharon Nelson and John Simek talk to Brandon Koeller about the Office 365 Secure Score and other best practices to keep you secure in the cloud. While the Secure Score can help, they also discuss where the score falls short and how lawyers can tend to high level risks in order to address key threats within the cloud.

You might think that all you need to avoid cyber schemes is common sense, but even the biggest law firms require employee training to avoid attacks. Hosts Sharon Nelson and John Simek talk about how important cyber security awareness training is and potential training methods firms can use to instruct employees and partners. They share basic training tips and expand on the different kinds of common schemes, like phishing, ransomware, and social media attacks.

The General Data Protection Regulation (GDPR) has garnered a lot of attention in a time where data protection has become a hot topic. Hosts Sharon Nelson and John Simek talk to Scott Pink about the California Consumer Privacy Act, a law that aims to give consumers more control over their privacy and data usage. They discuss the rights formally recognized by this act, what kind of businesses it applies to, and whether other states are likely to adopt similar legislation.

Virtual assistants market themselves by saying they will save you time and money, but the reality is working with them comes with its own set of cybersecurity risks. Hosts Sharon Nelson and John Simek talk to Tom Lambotte about the data dangers involved with using virtual assistants and what lawyers can do to protect themselves. They discuss the right questions to ask when seeking virtual assistance and the advantages of having contracts in place.

Having the ability to break into a terrorist’s phone sounds good, but what happens when the FBI’s access to your phone leaves you vulnerable to cyber attacks? Hosts Sharon Nelson and John Simek talk to Nate Cardozo about the FBI’s stance on encryption including their desired ability to access our phones, the First Amendment issues involved, and the implications of the FBI vs Apple San Bernardino confrontation.

Sharon Nelson and John Simek talk to Ed Walters about AI Sandbox, Fastcase’s new artificial intelligence initiative that aims to encourage firms’ experimentation with AI. They discuss common AI projects law firms are working on and why AI is just now beginning to take root in the legal industry even after many years of budding popularity.

Sharon Nelson and John Simek discuss some of the most common reasons lawyers run into e-discovery ethics issues, including social media, Yelp reviews, document manipulation, and “hiding the ball” by giving opposing counsel too much data. And negligence is no excuse; if you’re not qualified for the discovery needs of the case, Sharon and John explain, you must get the education, hire a competent lawyer, or decline representation.

Cyber threats can often seem like a distant threat and cyber insurance an overzealous safety measure. But as technology becomes more and more a central part of any legal practice, cyber insurance is becoming increasingly vital to a company’s financial health. In this Digital Detectives, hosts Sharon Nelson and John Simek talk to Judy Selby about what cyber insurance covers, the different types of coverage, and why it’s an important part of a legal business. She also discusses the key things to keep in mind when investing in coverage and how to find a policy that fits your particular needs. Judy Selby is an insurance consultant with over 25 years of insurance coverage litigation experience on behalf of insurers and policyholders.  Special thanks to our sponsors, PInow and SiteLock.

When reading the preservation letter in which President Trump’s lawyer addressed the publication of Fire and Fury, Craig Ball noticed that the writing was very familiar. In fact, the last six pages of the letter were taken straight from Craig’s article “The Sincerest Form of Flattery,” grammar quirks and all. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Craig Ball about what it’s like to have the lawyers of the President of the U.S. use your words in one of his preservation letters and why this was perhaps the wrong move for President Trump’s lawyers. They also discuss what preservation letters accomplish, how to draft a solid letter, and how to respond when you’re on the receiving end of a preservation letter. Craig Ball is a longtime adjunct professor teaching digital evidence at the University of Texas School of Law and he writes and speaks around the world on e-discovery and computer forensics. Special thanks to our sponsors, PInow and SiteLock.

Since Trump’s executive decisions regarding immigration, U.S. border security has taken steps to reflect the changes in legislation. One of the actions taken was the increased search of travelers’ phones and other electronic devices by border agents. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Sophia Cope about the EFF and ACLU challenge against the government’s warrantless searches of cell phones and other devices at the border. They discuss why this is a unacceptable invasion of privacy, the current actions allowed by the Fourth Amendment, and whether you have the right to refuse to unlock your device. Sophia Cope is a staff attorney at the Electronic Frontier Foundation. The non-profit advocacy organization works at the intersection of civil liberties and technology. Special thanks to our sponsors, PInow and SiteLock.

Russian cybersecurity firm Kaspersky Lab is considered a leader in the cybersecurity field, but recently they experienced some controversy when they were accused of working with Russian military and intelligence. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to David Ries about whether Kaspersky Lab is safe for lawyers to use, diving into where the controversy started and what the results have been so far. David also provides suggestions for lawyers who are interested in changing from one security software to another, whether they mistrust Kaspersky Lab or are simply unhappy with their current software. David Ries is of counsel in the Pittsburgh, Pennsylvania, office of Clark Hill PLC, where his practice includes environmental, technology, and data protection law and litigation. Special thanks to our sponsors, PInow and SiteLock.

As many as 143 million Americans were left vulnerable by the Equifax breach when hackers accessed personal information like names, addresses, and even social security numbers. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek discuss the Equifax breach including who was affected, the resulting lawsuits, and whether or not the hack was preventable. They also explain the difference between locking and freezing your credit and why taking action to protect yourself is important but complicated. Special thanks to our sponsors, PInow and SiteLock.

Spreadsheets have the potential to be an important part of running a legal business, but not all lawyers have the time to fully understand how to effectively use them. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Ben Kusmin about the proper handling and format of spreadsheets, including a thorough review of all content before sending it. He also discusses the Wells Fargo inadvertent disclosure issue and how it could have been avoided. Ben Kusmin focuses on complex business litigation in state and federal courts. He also created a CLE training program called Excel Esquire to give attorneys the skill they need to successfully navigate in Excel. Special thanks to our sponsors, PInow and SiteLock.

Hopefully your firm will never experience a data breach, but these days it seems more and more inevitable. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Brian Wommack about common mistakes companies make when dealing with a breach, the correct way to handle the situation, and what you can do to prepare for potential threats. They also discuss the different aspects of creating a contingency plan including drafting beforehand how you would break the news to your clients. Brian Wommack leads the strategic communications practice of Cameron LLP, often advising on high-profile and high-stakes matters including cyber intrusion and data breach contingency planning and response. Special thanks to our sponsors, PInow and SiteLock.

In this episode of Digital Detectives, hosts Sharon Nelson and John Simek speak with Denver Edwards about cybersecurity. In their discussion, they address the National Institute of Standards and Technology’s (NIST) cybersecurity framework and how it relates to the FTC’s work. They also talk about how a company can use the NIST framework along with FTC guidance in order to minimize security risks. They conclude the episode with predictions regarding how the Trump Administration will handle cybersecurity. Denver Edwards is a principal at Bressler, Amery & Ross, P.C. in New York and works in the firm’s securities department. Special thanks to our sponsors, PInow and SiteLock.

Because lawyers are constantly handling confidential or sensitive information, cybersecurity and the careful handling of this information are an important part of running a successful firm. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Jim McCauley about some of the ethical issues lawyers face and how the Virginia Bar is helping to educate lawyers on how to handle these issues. Some of these issues include information security and common scams used to hack into confidential data. James McCauley is the Ethics Counsel for the Virginia State Bar. He teaches professional responsibility at the T.C. Williams School of Law and served on the ABA’s Standing Committee on Legal Ethics and Professionalism from 2008-2011. Special thanks to our sponsors, PInow and SiteLock.

If you have a Mac, you might think you’re safe from viruses and hacking. In reality, Mac users still fall victim to malware, adware, and other schemes that can easily slip through the cracks if a user isn’t careful. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Tom Lambotte, CEO of GlobalMac IT, about how cybercrime has evolved and what Mac using lawyers can do to protect their information, including using a password manager and investing in mobile device management. Tom Lambotte integrated his deep passion for Macs with his successful entrepreneurial skills to create GlobalMac IT, a company that aims to support Mac-based law firms. Special thanks to our sponsors, PInow and SiteLock.

Social Media is a big deal in the legal profession. Not only is it being used to promote law practices but it's increasingly being used as digital evidence in courtrooms. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Craig Ball about the intricacies of preserving digital evidence. Their discussion includes whether or not to hire a professional to do the preservation and tools that you can use to gather and preserve digital evidence. Craig Ball is a longtime adjunct professor teaching Digital Evidence at the University of Texas School of Law. He writes and speaks around the world on e-discovery and computer forensics. Special thanks to our sponsors, PInow and SiteLock.

As a lawyer, sometimes paranoia is a good thing. Legal professionals are constantly handling sensitive information that needs protection, whether it’s details about a case or client data. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Charles Patterson about TSCM (technical surveillance countermeasures) and how this extra level of security can ensure your private information stays private. As the president of Exec Security, a TSCM services company, Charles shares about why lawyers need TSCM, how these sweeps are performed, and provides tips on how to protect yourself from situations that could compromise your confidential information. Charles Patterson has over 35 years experience in the security field. Previous to his current position as Exec Security president, he spent 17 years traveling throughout the United States and the world working in executive protection and providing tech support to security teams. Special thanks to our sponsors, PInow and SiteLock.

Just because phishing is gradually becoming less of a threat does not mean you are safe from cyber criminals. Smishing is the use of cell phone texting software to lure victims into downloading malware or handing over personal information. In this episode, hosts Sharon Nelson and John Simek talk to Joe Hamblin, director of IT operations for Sprint, about what smishing is, why it’s growing, and how it could affect your legal business. They also discuss simple ways to identify and combat smishing both in your personal and professional life. Joe Hamblin, director of IT operations for Sprint’s emerging platforms, has more than 25 years of IT experience. In his current position he is responsible for end-user platform engineering including collaboration, Identity Access Management (IAM) and device engineering/management. Special thanks to our sponsors, PInow and SiteLock.

To those unfamiliar with ransomware, it is a malicious software that effectively holds your files hostage until you pay a ransom. For lawyers, this could mean losing or compromising the data that keeps your business running smoothly. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek discuss this malware with the CEO of LMG Security, Sherri Davidoff. Sherri divulges what we know about ransomware, what to do when it has infected your computer, and how to prevent data loss. While there are few ways to stop the infection when it has started, backing up your information and educating your team on malware countermeasures can significantly lessen ransomware’s impact on your business. Sherri Davidoff is the CEO of LMG Security, a cybersecurity and digital forensics company. She has more than a decade of experience as an information security professional, specializing in penetration testing, forensics, social engineering testing and web application assessments. Special thanks to our sponsors, PInow and SiteLock.

With the rise of legal technology came a heightened awareness amongst lawyers and law firms of the importance of cyber security to ensure that one's own, and the clients’, assets are protected. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek sit down with former law enforcement officer and High-Technology Crime Unit detective Keith Lowry to discuss governmental cyber security policy under President Obama and how those policies might change during the administration of President-elect Trump. Keith Lowry has more than 25 years of experience implementing, managing, and directing insider threat, counterintelligence, and intelligence collection programs. Special thanks to our sponsors, PInow and SiteLock.

The rapid embrace of emergent technologies has flooded the legal marketplace with new tools and processes to help make attorneys’ daily lives better in every way. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek sit down with CloudNine Vice President of Professional Services Doug Austin to discuss the hottest changes and trends surrounding e-discovery. Special thanks to our sponsors, PInow and SiteLock.

When thinking about a law firm’s marketing approach, many attorneys put heavy emphasis on having a well-constructed website to aid in attracting business, promoting convenient project management, and improving client retention. However, what potential security risks can your website pose to your firm and your clients? In this episode of Digital Detectives, hosts Sharon Nelson and John Simek sit down with SiteLock President Neill Feather to discuss the importance of website security, data breaches, and why hackers are attacking the websites of law firms. Special thanks to our sponsors, PInow and SiteLock.

In the wake of the Panama Papers breach, securing law firm and client data has been a huge concern for many practitioners in the legal space. Similarly, other information leaks like the Edward Snowden revelations have made the general public more aware of government surveillance than ever before. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek sit down with executive director for the Electronic Frontier Foundation Cindy Cohn to discuss domestic surveillance concerns, encryption technology, and how lawyers and law firms can protect themselves and their clients from cyber attacks. Cindy Cohn is the executive director of the Electronic Frontier Foundation. From 2000-2015 she served as EFF’s Legal Director as well as its General Counsel. Ms. Cohn first became involved with EFF in 1993, when EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography. Special thanks to our sponsors, PInow and SiteLock.

In this episode of Digital Detectives, hosts Sharon Nelson and John Simek speak with Oklahoma Bar Association’s Management Assistance Program Director Jim Calloway about ways small firm and solo attorneys can improve their cyber security. Jim talks about the increased awareness of cyber security in the solo and small law firm community as a result of the recent news coverage of data breaches occurring in a variety of companies. This level of visibility and growing pool of attorneys who have personal experience with someone who has had a data breach or digital disaster has cultivated an understanding that a compromised database or dead computer can put the entire law firm out of business. He states that seeing these large companies being compromised can often cause small firms with much smaller budgets to question if there is anything they can do to protect themselves. Jim points out that attorneys running their own firms or small businesses have a duty to supervise their employees and provides his 5 top cyber security tips to help these very firms and solo lawyers protect themselves, their clients, and address the importance of physically securing company laptops and other mobile devices. He closes the interview with an analysis of the risks and rewards of utilizing cloud-based practice management tools designed specifically for legal professionals and his advice for law firms who feel that they can’t afford to adequately secure themselves. Special thanks to our sponsors, PInow and SiteLock.

In this episode of the Digital Detectives, board certified trial lawyer Craig Ball talks with Sharon Nelson and John Simek about information technology competency and the 2016 Georgetown Ediscovery Training Academy. Craig explains that the bootcamp is six days of extensive work and requires a great deal of effort on the part of the attendees for weeks before they arrive. He asserts that the program’s hour long written assessment exam, three full days of technical training, rigorous reading requirements, and week-long “meet and confer” exercise are a few of the things that differentiate this curriculum from other continuing legal education courses. Craig also shares that the goal of the program is to establish a certain level of competency and fluency in e-discovery and digital evidence and to help cultivate a passion in individuals interested in these fields. He continues by stating that lawyers graduate lacking the basic skills that are necessary to teach themselves what they need to know about information technology and this is why programs like this are so important. Craig analyzes the legal education system, the expectation of apprenticeship, and how many of the most seasoned lawyers know little or nothing about electronically stored information. He closes the interview with a discussion of where the legal profession will be in 10 years regarding tech competency and a reflection on his career today. Craig Ball is a board certified trial lawyer, certified computer forensic examiner, law professor, and electronic evidence expert, who limits his practice to serving as a court-appointed special master and consultant in computer forensics and electronic discovery. He has served as the special master or testifying expert in computer forensics and electronic discovery in some of the most challenging and celebrated cases in the U.S. Special thanks to our sponsor, PInow.

In the aftermath of the Panama Papers data breach many law firms have become hyper aware of their digital security risks. With the number of breaches on the rise what can lawyers do to keep informed of the most pertinent risks facing legal practitioners? In this episode of the Digital Detectives, hosts Sharon Nelson and John Simek speak with Clark Hill PLC Of Counsel David G. Ries about data security, Mandiant’s M-Trends, and Verizon’s Data Breach Investigation Reports. David opens the interview with an explanation of what these reports are (summaries developed by security service providers on data breach trends during the past year) and talks about how they help to organize collected information for ease of use. He then analyzes the subtle differences between the two reports, like the way they define terms like data breach and security incident, and gives some insight into the ways each company acquires their data. David also covers the top three key findings provided by each report and gives examples of how this information can be invaluable to law firms seeking to shore up their security shortcomings. He closes the interview with his major takeaways from this year's’ reports and tips for law firms on how this research can aid in strengthening your comprehensive cybersecurity program. David G. Ries is of counsel in the Pittsburgh, Pennsylvania, office of Clark Hill PLC, where his practice includes environmental, technology, and data protection law and litigation.  He is a co-author of “Locked Down: Practical Information Security for Lawyers” (American Bar Association, 2016) and “Encryption Made Simple for Lawyers” (American Bar Association, 2015) and regularly speaks and writes nationally on cybersecurity topics.

2.6 terabytes of information spanning over forty years of a Panamanian law firm’s life was leaked to a German newspaper and subsequently, the world. What questions does this raise about a law firm’s responsibility for the loss of client/customer data? What lessons can we learn about security as a result of this firm’s data being compromised? In this episode of the Digital Detectives, hosts Sharon Nelson and John Simek chat with Nuix Chief Technology Officer Stephen Stewart about the Panama Papers, the world’s largest breach of information. Stephen explains that a law firm in Panama named Mossack Fonseca had 2.6 terabytes of information taken from them by an anonymous party, who then gave that information to the German newspaper Süddeutsche Zeitung (SZ). The leaked data contained 11.5 million items that consisted of roughly 5 million emails, 3 million databases, 2 million PDF files, and 1 million images. In an attempt to understand and further investigate the received data, SZ then contacted the International Consortium of Investigative Reporters (ICIJ). Stephen talks about what the ICIJ is (basically an international network that includes 165 investigative journalists over 65 countries) and how Nuix’s software was utilized to aid in the data analysis. The group discusses the authorities’ later raid on the law firm’s office and what evidence the digital forensics experts and financial analysts might be looking for. Stephen closes the interview with an summary of the practices that this breach sheds light on, like who the beneficiaries of offshore funds really are and what significant revelations might come from this particular breach. Stephen Stewart joined Nuix in 2008 and is responsible for leading the evolution of Nuix’s software. He is currently driving the development of Nuix's information governance and big data solutions. Stephen has more than 15 years experience working with both public and private sector organizations, designing and providing solutions for their email, file, document management and archiving systems.

As technology continues to become ever more integrated into our daily lives, the challenges that law firms face grow and evolve. Many tech savvy clients are not only concerned with a lawyer's ability to represent them but also their ability to protect their files and privileged communications. With more instances of data breaches and hacking being mentioned in the mainstream media, what can a law firm do to shore up their cyber security? In this episode of the Digital Detectives, hosts Sharon Nelson and John Simek sit down with LMG Security Founder and Senior Security Consultant Sherri Davidoff to discuss cyber security and the audits that are currently available for law firms. Sherri gets the conversation started by breaking down some of the more complex cyber security terminology into easy-to-understand language. The group then ponders factors, such as the loss of client data and law firms being hacked, that prompted this cultural shift within the profession and some of the elements that made it difficult for the industry to justify investing in cyber security until now. The focus then shifts to an analysis of the options available to law firms that are seeking to improve their security standards and ways to prepare lawyers to better interact with clients that might ask to see a firm’s cyber security audits. Sherri then caps off the conversation with a discussion of risk assessment, risk management, and how you present these plans to your clients.

During the investigation of the San Bernardino shooting the FBI obtained a company iPhone that was used by Syed Farook, one of the assailants. The investigators obtained a warrant to search the phone, but it’s currently locked and the FBI hasn’t been able to access the encrypted data. This prompted the agency to request assistance from Apple to bypass the phone’s security features, but Apple has refused. Does the FBI have the authority to compel a company to re-engineer its own product in order to undermine the security of its own customers? In this episode of Digital Detectives, Sharon Nelson and John Simek interview the American Civil Liberties Union’s Speech Privacy and Technology Project Director and principal legal advisor to Edward Snowden Ben Wizner about the legal battle between Apple and the FBI. Wizner begins by explaining The All Writs Act and how it’s being used to coerce Apple, the FBI’s potential objectives in making this request, and what dangers might be present if the FBI prevails. The conversation then shifts to the global implications for all tech companies if the the precedent is set that Apple must aid in helping the FBI get the contents of this phone and what that might mean for the national security of the United States of America – and the privacy of its citizens. Wizner then gives some insights into what it has been like to be the principal advisor for Edward Snowden and what the case has been like for him as a lawyer.

InfraGard, one of the longest running outreach associations, represents a partnership between the FBI and the private sector. Members include businesses professionals (including many law firm employees), people from academic institutions, and local participants who share their experience and expertise with the FBI to assist in crime prevention. In the recent climate of rampant cyber security issues, many in the private sector are better equipped to fight these cyber threats. So why is it important for lawyers to know about and potentially join InfraGard? In this episode of Digital Detectives, Sharon Nelson and John Simek interview FBI special agent and InfraGard coordinator Kara Sidener about the way InfraGard works and why lawyers and other law firm professionals should be interested in joining this two-way information sharing platform. Topics include: The evolution of cybercrime The Department of Homeland Security, the FBI, and the private sector Who joins InfraGard How and why members are vetted Benefits for IT professionals trying to secure law firm networks Staying informed about clients’ intellectual property issues Proactive programming and cross-sector collaboration Free resource to provide info on terrorism and cyber threats

Technology Assisted Review (TAR), also known as Computer Assisted Review, Predictive Coding, Computer Assisted Coding, and Predictive Ranking, has been around for 50 years, but is now becoming incredibly useful in the legal field. This technology can speed up cases of all kinds and greatly reduce discovery costs for their clients. But how do lawyers learn about TAR? After all, we’re not dummies. In this episode of Digital Detectives, Sharon Nelson and John Simek interview John Tredennick, the CEO of Catalyst Repository Systems, about his new book “TAR for Smart People,” what exactly TAR includes, and specific ways it has helped companies reduce discovery costs. Tredennick begins by explaining the three elements of TAR: teaching the computer algorithm, the algorithm orders review documents by estimated relevance, the lawyers decide what to do when the algorithm presents no more relevant documents. In other words, the computer algorithm continues to learn which documents are relevant to the case based on the current reviewers, and puts potentially important ones on the top of the pile, as it were. Tune in to hear Tredennick describe how this works using a Pandora metaphor, explain each project’s process, and discuss the increased effectiveness of what he termed TAR 2.0. John Tredennick is CEO of Catalyst Repository Systems, which offers the world’s fastest and most powerful document repositories for large-scale discovery and regulatory compliance. Before founding Catalyst, he spent over twenty years as a nationally-known trial lawyer and litigation partner at a major national firm. He is the author or editor of five legal technology books including his latest, "Tar for Smart People," which he co-authored with Bob Ambrogi.

Following the terrorist attacks in Paris, French officials used metadata from a phone they found in a trashcan to gather information that made it possible to raid ISIS safe houses within a week. During these raids they were able to kill the suspected mastermind behind the operation, who was believed to be planning more attacks. Using a combination of cyber forensics and traditional police work, the French identified and successfully raided the purported hideout of the suspected ringleader. Considering our advanced technology, many are left questioning how this happened in the first place? And looking forward, can governments really prevent future acts of terrorism by building backdoors into encryption? In this episode of Digital Detectives, Sharon Nelson and John Simek discuss the digital forensics of the Paris attacks and the aftermath, including a surfacing argument about cryptic communication, the response from French, British, and American governments, and how Anonymous, the hacker group, has gotten involved. Beginning with a chronology of events, Sharon walks through the events of last Friday. Citing a BBC article published after the Paris attacks, the hosts analyze how the investigation involved traditional and technological means to gather information about the armed attackers and their whereabouts. In addition to fingerprints and DNA, the investigators used witness video footage, mobile phone triangulation, wifi networks, and IP addresses to correlate intelligence and quickly move in on the suspects. John explains how a comment made by Belgium’s Interior Minister about PlayStation 4 network encryption was misinterpreted and carried away by news media, engaging governments in discussions about legislation that could allow encryption backdoors. Is encryption really the problem and is more government control the solution? Stay until the end of the podcast to hear about Anonymous’s war on ISIS and the hypocritical nature of ISIS’s use of social media.

Although electronic discovery is increasingly important for court lawyers, only about 30 law schools nationwide offer e-discovery courses. To address the gap, Catalyst, an e-discovery service provider based out of Denver, has developed a practicum that aims to give law students the necessary experience to enter the workforce with adequate fundamental knowledge. So how does the program work and why is it important for future lawyers? In this episode of Digital Detectives, Sharon Nelson and John Simek interview Bill Hamilton, executive director of the UF E-Discovery Project at the University of Florida Levin College of Law, about their use of the Catalyst practicum. They discuss the curriculum’s components, the program’s pedagogical design, and what this means for the future of e-discovery education in law schools. Topics include: What a practicum is Digital evidence and students using e-discovery software Instructional videos, structured exercises, and quizzes with feedback Catalyst’s interest in education and their cloud-based platform Testing to strengthen retrieval capacity rather than as an assessment tool Applying the case law to concrete situations Grading process: low stakes testing and evaluation The need for law schools to provide more practical training

Sharon Nelson and John Simek interview Mary Mack about the history of ACEDS, why certification is important for e-discovery professionals, and future trends in e-discovery, information governance, and overall technological competence for lawyers.

Sharon Nelson and John Simek interview Jason R. Baron, of counsel to Drinker Biddle & Reath, LLP and co-chair of The Information Governance Initiative, about the Hillary Clinton controversy and the future of Shadow IT, BYOD, and information governance.

Recently, data breaches have become one of the most serious threats to companies worldwide, and as more corporate infrastructure moves online, studies suggest that the rising number of data breaches will cost 2.1 trillion dollars globally by 2019. Because of this, a new market of data breach practice groups has emerged to assist with e-discovery, information governance, data security, and preparation for high-risk technological emergencies. In light of this, what should your law firm or company do to prepare for one of these potentially imminent situations? In this episode of Digital Detectives, Sharon Nelson and John Simek interview Martin Tully, co-chair of Akerman LLP’s Data Law Practice, about why his firm decided to implement a data breach law group, how data security fits in with current e-discovery and information governance practices, and what every company should include in an incident response plan.

On this episode of Digital Detectives, Sharon Nelson and John Simek interview Judge Facciola about why lawyers need to learn about e-discovery now, how we can integrate e-discovery training into law schools and ongoing legal education, and the importance of law firms investing in professional development and creativity.

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Nathaniel Russell about his definition of Lawmageddon, what the legal profession needs to embrace these changes, and the consequences lawyers face if they fail the tests of Lawmageddon. In the second half of the podcast, Russell discusses what can happen if lawyers ignore the presence of social media as evidence and the ethical responsibility all lawyers have to their clients with regard to social media and due diligence.

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Judge Andrew Peck, an expert in issues relating to electronic discovery. Together they discuss the current state of technology-assisted review, how FRCP amendments will affect the way lawyers do discovery, and best practices when using TAR. Judge Peck explains the origin of using “technology-assisted review” as terminology over “predictive coding” or “computer-assisted review.” He explains that training the TAR program effectively is important, but the technology has progressed to a point where TAR will be successful as long as the training is sufficient and the scope of the team is in line. Finally, since the predictive coding programs are very expensive he explains when a case is big enough to warrant its use. Stick around to the end for a tip on using Federal Rule of Evidence 502 in court.

From self-driving cars and drones to robotic surgeons and soldiers, humans are delegating more tasks to machines and software. But who is responsible when then these new innovations cause damage, injury, or death? Can we trust machines to prioritize preserving human life when accidents inevitably occur? Should we be thinking about sweeping regulations? In this episode of Digital Detectives, hosts Sharon Nelson and John Simek interview The Law of Robots Professor Ed Walters. Together they discuss our robotic world and potential future risks. Can humans keep up, will our laws protect us, and how worried should we be? Tune in to hear insight on these questions plus many more.

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Judge David Waxse about the 2009 report by the National Academy of Sciences (NAS), the relationship between bad science and wrongful convictions, and how to improve the use of forensic science in the criminal justice system. The NAS report, Strengthening Forensic Science in the United States: A Path Forward, found that with the exception of DNA, no forms of forensic science comply with scientific methodology. Waxse discusses the jury’s confidence in unproven science experts and witness testimony and the resulting wrongful convictions. He explains why people are just now becoming concerned with the 2009 report and discusses why The Willingham Case is relevant. Waxse plans to hold a symposium in April 2015 at Northwestern Law School in Chicago to consider with experts how to educate judges and lawyers in the criminal justice system about this issue.

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Jason Baron about information governance, dark data, open government, and his role in The Decade of Discovery. Baron talks about the increasing amount of electronic data affecting the Freedom of Information Act (FOIA) and the discussion e-discovery experts need to have about providing public access to government records. There is a mandate, he explains, that after 2019, all federal agencies must provide all of their permanent records to the archives in electronic or digital form. Because of this, systems and sophisticated softwares will be required to properly filter and provide access to the data. Baron also discusses information governance as a whole, including privacy, security, discovery, and management, and the need for a Chief Information Governance Officer (CIGO) going into the future. He concludes by praising Richard Braman, a leader in the e-discovery industry, for founding the Sedona Conference and creating the Cooperation Proclamation.

In November of 2014, hackers infiltrated Sony's computer network lifting terabytes of corporate data, human resources information, internal intel, films, corporate emails, and other valuable information. This led the corporate world to question how protected we really are from cyber attacks. In the 1990's, the only computer issue was viruses, but the attack vectors have since changed. Companies and individuals are now subject to spear phishing, spyware attacks, malware, drive-by downloads, and browsers. What steps are now necessary to keep hackers from accessing your valuable data? And on a separate but equally interesting subject for lawyers, who really was behind the Sony attack? In this episode of Digital Detectives, hosts Sharon Nelson and John Simek analyze the progression of data security over time, look into data loss prevention steps, and consider each potential suspect of the Sony hack. Nelson describes the internet security suites that have been developed to include protection from all different types of attacks. However, she explains, these security systems are unlikely to keep out a sophisticated and determined hacker who is specifically targeting a corporation, law firm, or individual. The newer systems simply try to detect the infiltration and respond to it, observing what data is compromised and trying to identify the hacker. Simek explains several systems that are being used for security including data loss prevention, intrusion detection, and Security Information and Event Management (SIEM) products which correlate data to figure out what's normal. Nelson and Simek then go on to analyze why Sony was attacked and who may have done it. The hosts explain security blogger Bruce Schneier's theories on the suspects ranging from an official North Korean military operation to a disgruntled ex-employee. Listen to the podcast to hear the hosts' strong case for who they think the hacker was. Nelson also reviews Sony's reaction to the security attack. Stay tuned until the end for the NSA's rumored ability to create a cyber defense system and the international implications of an automated cyber attack response.

As lawyers, we hear a lot about the technological advances in e-discovery and information governance. How do you describe the current state of e-discovery from an opportunity and growth perspective, and how does this market opportunity impact the pulse rate of mergers, acquisitions, and investments? For lawyers purchasing e-discovery packages, there are several types of vendors and pricing models, and they need to be asking the right questions. What does the data governance solution need to do, how much does it cost, what are the time constraints, and how complex is the system? In this episode of Digital Detectives, Sharon Nelson and John Simek interview technology marketer Rob Robinson about the current and future trends in data governance, how to choose an e-discovery provider, and events that will influence e-discovery and information governance in 2015. Robinson explains that the combination of software and services that make up the worldwide market for e-discovery in 2014 is just over 6.2 billion dollars and is growing at a consistent rate. He breaks the market down into three categories: developers who create and sell proprietary technologies or services, integrators who package and resell available services with custom development, and aggregators who combine and resell the technologies and services developed and purchased from others. Going into the future, Robinson discusses his excitement over advances in predictive coding, visual classification, and enhancing e-discovery processing. Also, due to corporate pressure for time and cost compression, these e-discovery solutions should continue to become cheaper and more time efficient. At the end of the podcast, Robinson discusses his use of social media to research trends in the information governance market. Based in Austin, Texas, Rob Robinson is a proven technology marketer who has held senior leadership positions with multiple top-tier legal technology providers. Currently he is a managing partner with technology marketing consultancy ComplexDiscovery Solutions. With a strong interest in eDiscovery, information governance, and social media, Rob writes and posts regularly on technology and marketing topics on his highly referenced ComplexDiscovery blog.

"A cyber attack on the World Trade Center would be 10 times more financially damaging than the 2001 attack." Data breaches like the ones at Target, JP Morgan, and Home Depot have recently been all over the news and are usually organized by hackers for financial gain. But there is cyber war happening with military and political objectives with potentially far more damaging results. Cyber terrorists and militaries have already developed technologies that are able to hack into important data systems, destroy critical infrastructure, and take down crucial things like power grids and financial systems. If this does not scare you, there are almost no direct laws that deal with the ramifications of cyber attacks, the contractors who built the failing technology, or innocent bystanders. On this episode of Digital Detectives, Sharon Nelson and John Simek interview cybersecurity expert David Bodenheimer about the effects of cyber attacks, whether they are likely to proliferate, the connection between the private sector and government defense, and the legal risks to contractors and bystanders. Bodenheimer first explains how economic cyber crimes are different than cyber war, and gives some examples like the US cyber security threat in 2009, the 2007 cyberattacks on Estonia, and Stuxnet, a computer worm that destroyed many control systems in Iranian nuclear plants. He explains that there is a global cyber race and, in a few years, no self-respecting military will be without cyber attack capabilities. Unfortunately, there are no international treaties or laws that directly govern cyber weapons and war. Bodenheimer also discusses US laws that federal agencies and contractors could face to account for damages. These could include the DHS SAFETY Act, Public Law 85-804, and various legislative proposals, but there is no clean fit. David Bodenheimer is a Government Contracts partner and litigator heading Crowell and Moring's Homeland Security practice. David brings 32 years of experience in doing business with the government. He has represented Fortune 500 companies in cyber disputes with federal agencies, advised on security compliance and cloud standards, and handled a broad spectrum of cybersecurity and privacy issues in the public sector. Special thanks to our sponsor, Digital WarRoom.

Discovery, as all lawyers know, is the process of collecting and exchanging information about the court case to prepare for the trial. Traditionally, this was done by many lawyers over countless billable hours in which every page of potential evidence was examined for important information. Because of this, the more information existed in reference to a case, the more expensive the case was. As technology developed, law firms began using computers to do keyword searches and conceptual searches. Unfortunately, there were problems including picking the right keywords or concepts, misspelled words, how to structure the items, and that these searches only yielded 20% of important data. Recently, technology has advanced to predictive coding, or teaching a computer program to think like a lawyer would. But how cost effective and practical is predictive coding, and how well does it actually work? In this episode of The Digital Detectives, Sharon Nelson and John Simek discuss the evolution of technology and case discovery, how predictive coding works and is priced, and examples of cases that have involved predictive coding. Simek first explains the importance of culling, or filtering out unimportant data sets through DeNISTing, deduping, or filtering by dates. He then explains predictive coding in its simplicity: to feed a computer program information based on discovery attorneys have already done until the computer can accurately predict which information is important. Simek and Nelson then go on to examine the prices vendors charge for the predictive coding process and in which cases it might be profitable for the law firm or client. There is a steep, expensive learning curve involved; many mid-sized law firms probably will not profit and even very large cases only save an average of 15% using predictive coding. However, Nelson explains, predictive coding is the future of discovery, so it is important for lawyers to pay attention to when the benefits outweigh the costs. Nelson concludes the podcast by giving examples of when predictive coding has already appeared in court cases. The landmark case was Da Silva Moore v. Publicis Groupe, in which Magistrate Judge Andrew Peck allowed predictive coding to be used as long as the defense and prosecution agree to its use, there are a large volume of documents, it is the superior technology, it is more cost effective, and it is transparent and defensible. Inevitably, the conclusion is that it is not for the judge to micromanage the discovery process. Special thanks to our sponsor, Digital WarRoom.

In 2006, the Federal Rules of Civil Procedure rule-makers developed and put into practice amendments dealing with electronically stored information (ESI) and e-discovery. However, most of those involved believed these amendments did not adequately deal with lost or missing ESI or "the spoliation issue." In 2014 the rule-makers proposed Rule 37(e), which deals with the issue of spoliation equally across all federal courts, resolving the issue of inherent authority, or judges making decisions individually for each case. What are these changes and how will they affect the way businesses deal with e-discovery and data preservation? In this episode of The Digital Detectives, Sharon Nelson and John Simek interview ESI preservation expert James Kurz about how Rule 37(e) works and what the consequences are for the future of ESI preservation. Kurz explains that the rule, which only deals with ESI, proposes a three part test before considering spoliation issues: the ESI should have been preserved in the anticipation or conduct of litigation and is lost, the ESI was lost because the party failed to take reasonable steps to preserve the information, and the missing information cannot be restored or replaced with additional discovery. If this test is passed, the federal court may then impose remedies, or if intention is proved, order more serious sanctions. He explains that Rule 37(e) will make a more homogenous legal process for e-discovery, and will solve some of the controversy surrounding the costs of ESI preservation and e-discovery for businesses. Although the rule faces the Judicial Court, Supreme Court, and then Congress, Kurz believes it will go through and be effective in December 2015. James Kurz is a partner in the Alexandria VA law firm of Redmon, Peyton and Braswell LLP. His practice focuses on business litigation, including computer, software, and communications technologies cases. He also has an emphasis in the challenge of electronic discovery and the issues of information governance and co-wrote the white paper "The Long-Awaited Proposed FRCP Rule 37(e), Its Workings and Its Guidance for ESI Preservation." Special thanks to our sponsor, Digital WarRoom.

Despite all the attention that e-discovery has received over the last decade, it is still a relatively new part of the litigation process. For those lawyers who were never exposed to e-discovery in law school or their formative years, the systems and products involving data collection and analysis can be overwhelming and complex. How much do lawyers need to know about information governance, data collection, data analysis, managed document review, and electronically stored information (ESI)? Alternately, for those data collection practitioners who are already intricately involved in the culling and analysis, how is the technology and process changing? In this episode of Digital Detectives, Sharon Nelson and John Simek interview e-discovery solutions expert Aaron Lawlor about what is involved with ESI and data collection, current trends in data analysis, and future advances in technology and process. Lawlor urges every litigator to become experienced with the state and federal rules involving e-discovery in order to better serve their clients. He explains the process of research and documentation of key players in the case, and then collecting, analyzing, and refining any relevant information before presenting to the counsel. In order to facilitate this process, lawyers and data collectors narrow the data set early by a process of visualizing connections and communication mapping. It is important, Lawlor says, for every lawyer to become familiar with e-discovery and data collection, since it is an increasingly important source of information. Aaron Lawlor is the senior director of Global Legal Solutions at UnitedLex Corporation. He has spent the past decade addressing his clients' e-discovery needs, first as an attorney at Am Law 100 firm, then as the cofounder of a boutique consulting and managed document review company. His company was acquired by UnitedLex in 2013 and, in his current role, he partners with in-house and outside council to implement value-driven e-discovery solutions. Special thanks to our sponsor, Digital WarRoom.

Every law firm can run into incidents of employee misconduct, data breaches, and intellectual property theft. In the age of modern technology, data breaches, insider trading, and other security problems require extensive technological forensics. Partners and firm owners, as well as lawyers working within the firm, need to understand why a digital investigation is needed, what steps should be taken within an investigation, and who should be involved. Having this knowledge can save the firm thousands of dollars while uncovering the truth. In this episode of Digital Detectives, Sharon Nelson and John Simek interview ediscovery and compliance attorney Patrick Oot about how attorneys should be prepared on technology issues when they start to investigate criminal and civil matters. Everyone leaves technology footprints, Oot explains. Whether dealing with an internal investigation or with client data, the most important asset is unbiased, comprehensive, and well documented research. When hiring a digital investigator, the firm should always find an outside expert who is experienced with data breaches, understands how data moves through the system, and can manage proper narrative to the regulators. Properly conducting a digital investigation can make the difference in the credibility and success of a law firm. Patrick Oot is a partner in the DC office of Shook Harty and Bacon LLC where he leads the practice on e compliance and digital investigations. He is one of the few ediscovery and compliance attorneys in the nation that possesses the tripartite experience of an in-house corporate counsel from a fortune 16 organization, a senior attorney at a federal regulatory agency, and a partner in a large law firm. Patrick has extensive experience advising on discovery and investigative matters involving commercial litigation, compliance, regulatory requests, antitrust matters, and personnel issues. Special thanks to our sponsor, Digital WarRoom.

All lawyers have an ethical obligation to employ security measures when sharing information and data with their clients. Whether that means encrypting all important emails or properly researching cloud based file-sharing services like Dropbox, it is incumbent on lawyers to understand the levels of security available. LexisNexis recently did a survey on what tools lawyers and legal professionals are using to protect their clients' privileged information. 77% of the lawyers surveyed did not have adequate security for their confidential client data. How important is encryption and what can lawyers do to change the way they share data? On this episode of Digital Detectives, Sharon Nelson and John Simek interview Bob Ambrogi, a lawyer and journalist who recently wrote about the LexisNexis survey. They ask him about the implications of the survey, what security measures lawyers should be taking, how frequently clients are hurt by lack of security, and why lawyers are generally resistant to learning about data encryption. Ambrogi explains that an overall lack of information, ignored ethics rulings, lack of time, and assumed difficulty are the reasons lawyers often refuse to learn how to safely share data. He encourages lawyers, especially the ones in small or solo firms, to seek out a consultant to learn about the relatively easy encryption tools and techniques. After all, no lawyer wants to be a part of the 77%. Bob Ambrogi is a Massachusetts lawyer and journalist and has covered legal technology and the Internet for two decades. He writes the "Ambrogi on Tech" column for the ABA Journal and his blog LawSites, launched in 2002, is in the ABA Journal Blawg 100 Hall of Fame. Since 2005, he has co-hosted the legal-affairs podcast Lawyer 2 Lawyer also on the Legal Talk Network. Special thanks to our sponsor, Digital WarRoom.

On February 12th of 2008, the FBI announced that it had hired Lockheed Martin to build its Next Generation Identification system (NGI) to deploy multimodal matching to biometric data of US citizens. Today, NGI's database contains several types of unique identifiers including fingerprints, iris prints, and facial recognition. On this episode of Digital Detectives, hosts Sharon Nelson and John Simek interview Jennifer Lynch from the Electronic Frontier Foundation. Together they discuss false identifications, mandatory background checks, and the First Amendment right to be anonymous. Tune in to learn more about EFF's FOIA request and how the FBI is using the data of the innocent to look for guilty parties. Jennifer Lynch is a senior staff attorney with the Electronic Frontier Foundation, a non-profit organization dedicated to defending civil liberties in the digital world. At EFF, Jennifer works on privacy issues in new technologies such as biometrics, domestic drones, and location tracking devices. She successfully sued the Federal Aviation Administration and Customs and Border Protection to obtain thousands of pages of previously unpublished drone records and has testified about facial recognition and its Fourth Amendment implications before the Senate Subcommittee on Privacy, Technology and the Law. Special thanks to our sponsor, Digital WarRoom.

Some experts believe that, in addition to being prohibitively expensive for law firms to manage, maintaining immense amounts of client data increases the probability that it will be exposed to the public through a security breach or hack. That is why many like-minded firms are outsourcing data management to companies that specialize in it. On this episode of Digital Detectives, hosts Sharon Nelson and John Simek interview Ralph C. Losey from Jackson Lewis P.C. Together, they discuss how to manage large amounts of data, when to outsource, and what to do with unprocessed information. Tune in to learn more about dark data, how to select outside vendors, and hosting costs vs. storage costs. Ralph C. Losey is a shareholder of Jackson Lewis P.C., a law firm specializing in labor and employment law with over 52 offices nationwide and 800 attorneys. Ralph serves as the firm's National e-Discovery Counsel in charge of electronic discovery issues. Ralph has limited his practice to e-discovery since 2006 and is the author of five books on e-discovery law and multiple law review articles. Ralph is also co-founder of the IT-Lex foundation and the Electronic Discovery Best Practices group, and the developer of an online training course in e-discovery, e-DiscoveryTeamTraining.com. Ralph is a frequent speaker at e-discovery conferences worldwide and a leading contributor in the field of Legal Search. Special thanks to our sponsor, Digital WarRoom.

Some technology experts believe it's not a matter of if law firm communications can be hacked, but when. With continuing reports of the NSA and foreign entities monitoring the privileged attorney-client communications of US law firms, lawyers may be required to take additional measures to protect client information. On this edition of Digital Detectives, hosts Sharon Nelson and John Simek discuss the growing dangers and evolving duties for clients and attorneys with cyber security expert David Ries from Clark Hill Thorp Reed. Among the many changes to legal practice are alterations to the Model Rules of Professional Conduct, increased contractual expectations from clients, and a growing need to encrypt portable devices. Tune in to learn more about these developing areas of attorney responsibility. David Ries is a member in the Pittsburgh office of Clark Hill Thorp Reed, LLP where he practices in the areas of environmental, commercial, and technology law and litigation. He regularly deals with privacy and security issues in his practice and frequently writes and speaks on them for legal, professional, and academic groups. Special thanks to our sponsor, Digital WarRoom.

From malware and hackers to BYOD and TYOD, the biggest threat to law firm data could be the attorneys themselves. On this episode of Digital Detectives, hosts Sharon D. Nelson and John W. Simek interview data expert Ben M. Schorr and discover complex new threats to data security and the simplest solutions to reduce them. Schorr is a technologist and Chief Executive Officer for Roland Schorr and Tower, a professional consulting firm headquartered in Flagstaff, Arizona with offices in Hawaii and Oregon. He is also the author of several books and articles on technology, including The Lawyer's Guide to Microsoft Outlook, The Lawyer's Guide to Microsoft Word, and Microsoft OneNote in One Hour for Lawyers. He's been a Microsoft MVP for more than 15 years and involved with management and technology for more than 20 years.

In this edition of Digital Detectives hosts Sharon D. Nelson and John W. Simek invite Jason R. Baron, former director of litigation at the U.S. National Archives and Records Administration to discuss Information Governance as it relates to e-discovery, privacy, record keeping and security. Baron connects the dots between all these areas and helps lawyers understand they need to know about information governance and the current trends he is see in this area. Baron serves as counsel to the Information Governance and E-Discovery Practice Group at the law firm of Drinker Biddle and Reath, in Washington, DC. His prior career in the federal service included acting as trial lawyer and senior counsel at the Department of Justice, and for the past 13 years as director of litigation at the US National Archives and Records Administration. He is an internationally recognized speaker on the subject of electronic records.

The first thing guest Alan Goldberg highlighted was the colossal cost of data breaches. He explained that the minimum cost is $100,000 and it has the potential to amount to millions. In this edition of Digital Detectives, your hosts Sharon Nelson and John Simek invite Goldberg to discuss the usual reasons for a breach, likely consequences, prevention, and more. Goldberg is a solo practitioner in McLean, Virginia. A past President of the American Health Lawyers Association, he teaches Health Law and Health and Information Technology as an adjunct professor at American University, Washington College of Law, and George Mason University School of Law. Special thanks to our sponsor, Digital WarRoom.

The Honorable John M. Tran uses the terms digital natives and digital immigrants when referring to judges. Coined by author Marc Prensky, digital natives are those born into technology and digital immigrants are learning the field as they go. It’s not uncommon for judges to be digital immigrants, forcing them to confront issues on the bench that they have never experienced. In this edition of Digital Detectives, hosts Sharon D. Nelson, Esq. and John W. Simek invite long-time friend Judge Tran to discuss how his colleagues keep up to date on technology, his views on cooperative discovery as both a judge and a past litigator, and what he’s seen as the best way to address discovery in the courtroom. Judge John M. Tran started his career at a boutique litigation law firm in Virginia where he had extensive experience in e-discovery matters, in both the state and federal court. Now he is a state judge in the Fairfax Circuit Court, in the 19th judicial circuit of Virginia. He is a graduate of the George Washington University and the George Washington University Law School. Special thanks to our sponsor, Digital WarRoom.

Edward Snowden’s leaks about NSA surveillance have been a hot topic in the media for the last few months. But what do lawyers, specifically, need to worry about? The answer is: a lot. On this edition of Digital Detectives, hosts Sharon D. Nelson and John W. Simek take the stage and examine NSA surveillance as it relates to lawyers. Tune in for an overview of Snowden and the NSA surveillance controversy, how effective (or ineffective) encrypting data is, whether the surveillance is having a chilling effect on lawyers, how to abide by the Model Rules of Professionalism 1.6, and an answer to the underlying question - has George Orwell’s dystopia, 1984, arrived a few decades late?

Lawyers hold some of their clients’ most private communications, which makes them a top target of all hackers. As technology competence becomes the required norm, lawyers need to understand not only how to protect their clients’ information but how to react if a cyber attack does happen. On this episode of Digital Detectives, Sharon D. Nelson, Esq. and John W. Simek invite Steven Chabinsky to discuss cyber-risk management for lawyers. Steven Chabinsky is senior vice president of legal affairs, general counsel, and chief risk officer for the cyber-security-technology firm CrowdStrike. He is also is an adjunct faculty member of George Washington University and the cyber columnist for Security Magazine. Prior to joining CrowdStrike, Chabinsky had a distinguished 17-year career with the FBI, during which he was the top cyber lawyer, then the head of the Cyber Intelligence Section, and ultimately deputy assistant director of the FBI's Cyber Division. Tune in to hear the major threats law firms are facing, what lawyers should do if their systems are hacked, and the future of cyber threats and cyber security. Thanks to our sponsor, The Digital WarRoom.

This episode of Digital Detectives discusses e-discovery vendor trends. Hosts Sharon D. Nelson, Esq. and John W. Simek welcome entrepreneur and friend Andy Wilson to share his insights on what’s going on in the industry and what’s to come. Andy Wilson is CEO and co-founder of Logik, whose e-discovery platform, Logikcull, was created to make complicated e-discovery projects easy and manageable. He focuses on product design and management and serves as the company’s visionary behind product marketing and strategy. Logik is now offering infinite storage to its customers, and Wilson believes this is the future of storage pricing. Tune in to hear about the impact of the new normal on e-discovery vendors, the consolidation of the marketplace, how vendors need to change to survive, what Wilson predicts will be the next big trend in the field, and more. Thanks to our sponsor, Digital WarRoom.

On This edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq. and John W. Simek discuss the Georgetown E-Discovery Training Academy with Tom O’Connor. The training consists of a week-long curriculum for those interested in becoming fluent in e-discovery through small-group discussions and interactive-learning sessions. O’Connor is a senior consultant for Gallivan, Gallivan & O'Melia, creators of the Digital WarRoom e-discovery software. He is co-author of the book E-Discovery for Small Cases: Managing Digital Evidence and ESI. The book was noted by PRWeb as the first book to “mainstream” e-discovery for all cases. He is a frequent author and speaker on legal technology and dedicates his work to making advances in the field. If you couldn’t make it, here’s your chance to learn about the conference: who was there, what they learned, and the plans for next year. Thanks to our sponsor, Digital WarRoom.

It’s easy to get caught up in the fast-paced transition to paperless E-discovery review. Firms are now converting evidence into TIFF files. What’s a TIFF file? It’s just an easy way to manage and send large amounts of evidence, right? Wrong. On this episode of Digital Detectives, guest Craig Ball explains that a TIFF image turns the evidence into a small, non-searchable image. “They are not offering you the evidence in anything like the form in which they created and used the evidence.” Ball explained in a recent article, “ Instead, they propose to print everything to a kind of electronic paper, turning searchable, metadata-rich evidence into non-searchable pictures of much (but not all) of the source document.” Ball is a certified computer forensic examiner, a court special master, and author of the Law Technology News Column and blog both titled Ball in Your Court. After years of experience practicing law and winning clients’ cases using technology in the courtroom, he is now a consultant to help courts and lawyers grapple with electronic evidence. On this episode of Digital Detectives, co-hosts Sharon D. Nelson, Esq. and John W. Simek invite Ball to discuss why you should be wary of TIFF files and all the reasons to go native in your E-Discovery file review.

Digital Detectives hosts Sharon D. Nelson, Esq. and John W. Simek, president and vice president of Sensei Enterprises, Inc., welcome Stewart Baker of Steptoe & Johnson to discuss the 2013 Verizon Data Breach Report, cybersecurity legislation, and more. • Stewart Baker has been described by The Washington Post as “one of the most techno-literate lawyers around.” His long list of experience includes serving as the first Assistant Secretary for Policy for the Department of Homeland Security and the General Counsel of the National Security Agency. His current law practice covers homeland security matters, travel and foreign investment regulation, international trade, cybersecurity, and data protection. Tune in to hear Baker explain the difference between active defense against cyber-defense and vigilantism, the meaning of the Attribution Revolution, and what President Obama Cybersecurity Executive Order means and how it may be amplified by pending legislation.

Find out what the experts in computer security saw at ABA TECHSHOW 2013 - things like attendees with no passcode on their tablets or smartphones and people connecting to insecure networks which monitored their data traffic (through a scary device called a Pineapple). Digital Detectives hosts Sharon Nelson, Esq. and John Simek, president and vice president of Sensei Enterprises, Inc., welcome Ben Schorr of Roland Schorr to talk about the best ways to secure your home and office devices Ben Schorr has been a technical consultant for businesses for two decades. Microsoft named him Most Valuable Professional (MVP) for both their Outlook product group and their OneNote product group. He was recently named by the Pacific Technology Foundation as one of the Top 50 Technology Leaders in Hawaii, where he is CEO of Roland Schorr, an IT management and support company. This episode will help you understand how to connect to the Internet securely when you are out of the office, to create secure passwords for your devices, to keep your security patches up-to-date, to backup and do test restores of your data, and more.

In this October edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, join returning guest, attorney Craig Ball, to talk about special masters in e-discovery. Craig describes how an ESI special master gets involved in a case, what a special master does to fix broken discovery efforts and how to select an ESI special master.

Many are hearing about metadata in articles and blogs, but secretly admit that they don’t fully understand what it is. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, join Karen Massand, the President of Litéra, to take a look at metadata, whether it takes an expert to find metadata in documents, leaking hidden data, and the new metadata problem caused by the "bring your own device movement".

Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Christine Musil, the Director of Marketing for Informative Graphics, as they take on the Morgan Lewis’ Redaction Disaster. In that case, Morgan Lewis accidentally filed an exhibit that contained unredacted information, information its client had spent a lot of money to protect from disclosure. Christine explores the most common redaction mistakes, how these mistakes can be avoided and the benefits and pitfalls of electronic redaction vs. the traditional paper-based method.

Back in May of 2012, Facebook was sued for $15 billion for improperly tracking users even after they logged off the social network. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Attorney David Straite, partner at Stewarts Law U.S. LLP, Head of Investor Protection Litigation and co-lead counsel in the Facebook Internet Tracking Case, to discuss the main issues of this case including: digital privacy litigation, the current statutory and common law involved in this case, calculation of damages and the future of digital privacy rights.

The case of the Craiglist Killer has lived on through digital forensics. The Boston Police released their case files in the Craigslist Killer case to the Boston Phoenix which then published a remarkable story about the investigation in April of 2012. Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc., and John W. Simek, Vice President of Sensei Enterprises, explore the intricacies of this captivating case including: evidence from surveillance cameras and privacy implications, getting social media evidence and poaching wireless networks.

Are you guilty of making big mistakes when it comes to e-discovery searches? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc., and John W. Simek, Vice President of Sensei Enterprises, welcome guest Attorney Craig Ball, one of the country’s leading computer forensics technologists, to share his insights on brainless blunders in e-discovery searches. Craig also talks about recall and precision as mortal enemies, data volume rather than data quality and tips on looking at data as data rather than as documents.

One of e-discovery’s hottest topics today is predictive coding. So what exactly "is" predictive coding? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest Dan Gallivan, one of the founders and Chief Technology Officer for Gallivan Gallivan & O’Melia , to discuss technology-assisted review, also known as predictive coding. Dan shares his thoughts on this new technology replacing keyword search, common areas of misunderstanding and Judge Peck’s role as a flag bearer for predictive coding.

How do you keep up with all that is going on in the world of e-discovery? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest, Neil Squillante, publisher of LitigationWorld, who discusses his selection of resources for staying current in e-discovery. Neil tells us how to keep up with e-discovery developments, lists his favorite blogs and podcasts, and explains how you can benefit from the Sedona Conference and webinars.

Is your smartphone really secure? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest, computer scientist, and certified forensic analyst Andrew Hoog, co-founder of viaForensics, to talk about the ins and outs of smartphone security. Andrew shares his insight on the most secure smartphone, whether mobile devices are really a target for sophisticated cyber-criminals and the policies corporations and law firms need to address mobile devices.

The high cost of e-discovery is a major problem for most small firms and solo lawyers. On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome guest, Bruce Olson, the President of ONLAW Trial Technologies, and discuss cost-effective e-discovery for small cases. Find out what is the single most important step an attorney can take to minimize e-discovery costs, when is the right time to seek outside expert advice and which software tools and cloud based solutions can help contain costs.

What does the future hold when it comes to e-discovery? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome John Munro, the Vice President and Managing Director of Orange Legal Technologies, to discuss some upcoming trends in e-discovery. John explores the future of predictive coding, shares his thoughts on amending the Federal Rules of Civil Procedure, e-discovery in the cloud and the trend toward bringing e-discovery in-house.

This has been quite a year of controversy and e-discovery! On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome Ralph Losey, a partner in the law firm of Jackson Lewis and a nationally known expert, author and lecturer on e-discovery, to spotlight some recent controversial issues in e-discovery. Ralph explores issues such as predictive coding, e-discovery certifications, whether we need to amend the Federal Rules of Civil Procedure again to address e-discovery problems and how to solve the problem of “e-discovery extortion.”

Want to know more about interactive whiteboard technology? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, talk with Judy Miller, the President of SmartCourt Consulting about why the courts and legal community are interested in new technology pertaining to integration and presentation of digital media, the newest innovations being used for trial preparation and ultimately trial presentations and how judges, jurors and litigators are embracing this technology.

Lawyers are constantly complaining about the high cost of e-discovery, so why IS the price so high? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome Bill Gallivan, founding member and managing executive of Gallivan Gallivan & O’Melia (GGO), to discuss how to avoid the high cost of e-discovery. Bill talks about some trends that are driving costs down, GGO’s Digital WarRoom platform and the high demand for accessible, affordable tools.

Is your law firm secure? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome Matt Kesner, the CIO of Fenwick & West LLP, a West Coast law firm representing high tech and bio-tech clients, to discuss securing your law firm’s data. Matt talks about the current state of law firm information security in comparison to the rest of the business world, the dangers of taking smartphones and laptops into China and whether there is genuinely a "fix" for information security.

Few battlegrounds have been as bloody as the grounds on which proportionality in e-discovery are fought. On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises take a look at proportionality from across the pond. Sharon and John explore proportionality in the UK, the six proportionality principles from the Sedona Conference, the history of proportionality in the federal rules and recent rumblings in the courts.

Want to find out more about "Meet and Confer Sessions?" On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome Texas attorney and e-discovery expert, David Chaumette, partner in the law firm of De La Rosa & Chaumette, to get an inside look at meet and confer sessions. David talks about who should attend a meet and confer session with opposing counsel, what steps you should take if you do not know the answer to an issue that arises during a session, what topics must be covered and how to best document your efforts prior to having to defend your actions in front of a judge!

What’s hot in e-discovery right now? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome California attorney and e-discovery expert, Josh Gilliland, author of the Bow Tie Blog, to discuss the five hottest topics in e-discovery today. Josh takes a look at issues with the form of production, litigation holds after the Pension Committee case, how small firms are surviving their entry into e-discovery, preservation of ESI and how to prove that an e-discovery request will cause an "undue burden."

Could your law firm be at risk? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome Rob Lee, a Director with the information security firm, Mandiant and the curriculum lead for digital forensic training at the SANS Institute, to discuss the deplorable state of law firm security and the rise of advanced persistent threats. Rob discusses how law firm security compares to other businesses, Advanced Persistent Threats, the concept of defense in depth and the importance of security assessments. Hacking into law firms is so easy that the Chinese don’t even waste their "A" teams on it - the junior squads can handle it. How secure is YOUR firm?

Is it time to set some standards when it comes to quality searching in e-discovery? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome Jason R. Baron, the Director of Litigation for the National Archives and Records Administration, to talk about e-discovery searches and whether it is time to set some standards to ensure quality searches. Jason talks about how best to search for electronic evidence in civil litigation, how searching has changed since the early days and also how the courts are handling thorny questions involving searches. He also shares information on the upcoming DESI IV workshop.

On this edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, take a look at expert witnesses in e-discovery. Sharon and John include some of their own war stories and offer some tips on how to select and use expert witnesses.

On this edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome David Ries, a partner at Thorp Reed & Armstrong in Pittsburgh, to discuss ethical issues in e-discovery. Sharon, John and Dave take a look at the "five C's" in e-discovery, the most common ethical violation in e-discovery and ensuring that attorneys comply with their ethical duties with respect to e-discovery.

On this edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, talk about a new and horrifying development in the world of electronic evidence-Sexting and Sextortion. Sharon and John look at protecting children from the dangers of technology, brand-new anti-sexting technologies, legislative initiatives and the conversation parents should be having with their children about these issues.

Recently, there has been a lot of buzz about the need to archive websites and social media. On this edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome Chase Reeves, the director of marketing at Iterasi, to take a look at the archiving of social media sites for compliance and e-discovery purposes. Sharon, John and Chase look at the challenges of social media archiving, the status of archiving video and blogs, and what the future holds for social media archiving.

From data dumps, to spoliation, to delay of litigation, ethics and e-discovery do not always go hand-in-hand. However, on this edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome the Honorable Herbert B. Dixon, Jr., who sits on the Superior Court of the District of Columbia, to shed some light on the importance of ethics in e-discovery . Judge Dixon discusses the ethical rules which are most often violated in e-discovery, ethical issues surrounding the Pension Committee case, why ethics and e-discovery should be offered as a subject in law school and the unique issues in criminal law related to ethics and e-discovery.

The 2010 Civil Litigation Conference at Duke Law School inspired a lot of chatter on the e-discovery wires. On this edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq.,President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome Magistrate Judge David J. Waxse from Kansas, to reflect on the conference. They look at conference highlights including: the future of the Federal Rules of Civil Procedure, clarifying the standards regarding governing the preservation of electronically stored information and next steps for the Federal Rules Advisory Committee.

Knowledge of eDiscovery is vital to today’s legal profession. On this edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, welcome computer forensics technologist, Craig D. Ball, to talk about how some courts view computer forensics analysis as simply searching on a list of terms, avoiding waste in eDiscovery and the challenges of effective keyword searching.

Often times, the legal profession can be lackadaisical when it comes to data security. On this debut podcast of Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, share the latest information on data breaches. Sharon and John look at some recent data breaches, data breach notification laws, how to prevent and respond to data breaches and how data breaches may be affected by SaaS/cloud computing.