Digital Detectives

Ambiguities under current rules often lead to a variety of problems with 30(b)(6) witness depositions. Sharon and John talk with nationally known litigation consultant Tom O'Connor about the scope of these issues and his tips for avoiding common pitfalls on both sides of the deposition process. Tom offers colorful examples from his many years as a consultant, addressing matters surrounding witness qualification, hostile witnesses, preservation, and more! Check out Tom's blog series on this topic: The Dos and Don'ts of a 30(b)(6) Witness Deposition Tom O'Connor is a nationally known consultant, speaker and writer in the field of computerized litigation support systems. Special thanks to our sponsor, Logikcull.

The collection of critical web-based evidence could make or break a case, but many lawyers aren't quite sure how to go about it. Digital Detectives' Sharon Nelsonand John Simekget expert advice from Brett Burney on best practices for collection and authentication of online evidence. They discuss several real-world examples of major collection mistakes lawyers have made and offer suggestions for tools that can preserve and produce evidence properly. Brett Burneyis Principal of Burney Consultants LLC, and focuses the bulk of his time on bridging the chasm between the legal and technology frontiers of electronic discovery. He is also the author of the free download eDiscovery Buyers Guide at www.ediscoverybuyersguide.com. Special thanks to our sponsor, PInow.

Lawyers are excited by the potential of new tech tools using AI, but how can they be sure they're legal and ethical? This lack of clarity has led the ABA to call for a deeper look at these tools and their use in the profession. In this Digital Detectives, hosts Sharon Nelson and John Simek are joined by Ed Walters to discuss the recently passed resolution urging the study of issues surrounding artificial intelligence. They discuss the importance of moving forward with technology in the profession while still ensuring that new tech is held accountable through audits and product transparency. They also review some of the positive and negative things going on in the AI space and give their take on its future. Ed Walters is CEO and co-founder of Fastcase. Special thanks to our sponsor, PInow.

It's been estimated that about 8 billion "things" are connected to the Internet, and that the number of connected "things" could exceed 20 billion by the end of 2020. Sharon Nelson and John Simek are joined by Gail Gottehrer to explore the scope of the Internet of Things. It is critical to understand what data these devices collect, the privacy and security issues associated with them, and how IoT data can be, and has been, used as evidence in court. They also discuss recent legislative efforts to regulate the IoT at the state and federal level and the litigation that may result from them. Gail Gottehrer is the founder of the Law Office of Gail Gottehrer LLC in Stamford, CT. Her practice focuses on emerging technologies as well as the digital security laws and ethical issues arising from them. Special thanks to our sponsor, PInow.

Many lawyers fear the topic of cybersecurity simply because they don't understand it. What developments do they need to know about? What protections to they need to put in place? In this episode of Digital Detectives, Sharon Nelson and John Simek offer guidance for lawyers with cybersecurity paralysis. They discuss the reasonable steps to take to improve security based on firm size and types of information held. Additionally, they encourage firms to invest in staff training and outline the steps to take if a breach has occurred. Special thanks to our sponsor, PInow.

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 Digital Detective 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. Darius Davenport is a partner and chairman of the Cybersecurity and Data Privacy Practice Group of Crenshaw, Ware & Martin. Special thanks to our sponsor, PInow.

What do lawyers need to look out for when handling a defamation case? In this edition of Digital Detectives, 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. Joe Meadows is a former DOJ attorney and current partner with Bean, Kinney & Korman in Arlington, Virginia. He focuses on internet defamation, cyber-attacks, and business dispute litigation. Special thanks to our sponsor, PInow.

In our increasingly mobile world, lawyers face many new challenges in digital forensics for their practice. In this episode of Digital Detectives, 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. Brett Burney is Principal of Burney Consultants LLC, and focuses the bulk of his time on bridging the chasm between the legal and technology frontiers of electronic discovery. He is also the author of the free download eDiscovery Buyers Guide at www.ediscoverybuyersguide.com. Special thanks to our sponsor, PInow.

What are the distinctions between penetration testing and vulnerability assessments? In this 100th episode of Digital Detectives, 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. Sherri Davidoff is a cybersecurity expert, author, speaker and CEO of both LMG Security and BrightWise, Inc. Special thanks to our sponsor, PInow.

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 of Digital Detectives, 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. Doug Austin is the vice president of products and services for CloudNine. Special thanks to our sponsor, PInow.

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 of Digital Detectives, 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. Special thanks to our sponsor, PInow.

In this day and age, cybersecurity should be essential to any law firm. On this edition of Digital Detectives, 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. Special thanks to our sponsor, PInow.

The threat of data breaches continues to grow, but only about 25% of firms have incident response plans in place — Is your firm prepared? In this episode of Digital Detectives, 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. 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 sponsor, PInow.

Just because you get Office 365 installed and working properly doesn't mean that it's automatically secure. In this episode of Digital Detectives, 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. As a principal program manager lead for customer-facing security, Brandon Koeller is responsible for delivering a core set of security capabilities to every Office 365 customer. Special thanks to our sponsors, PInow and SiteLock.

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. In 2017, DLA Piper, the largest law firm in the world, suffered a catastrophic cyber attack. In this episode of Digital Detectives, 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. Special thanks to our sponsors, PInow and SiteLock.

The General Data Protection Regulation (GDPR) has garnered a lot of attention in a time where data protection has become a hot topic. But the GDPR isn't the only privacy law deserving of attention. In this episode of Digital Detectives, 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. Scott W. Pink is special counsel in the Data Security & Privacy practice at O'Melveny & Myers LLP. Special thanks to our sponsors, PInow and SiteLock.

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. In this episode of Digital Detectives, 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. Tom Lambotte is currently the CEO of GlobalMac IT. Special thanks to our sponsors,  PInow and SiteLock.

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? In this episode of Digital Detectives, 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. They also discuss the role of public and policy maker ignorance about technology and encryption in the struggle between the FBI and privacy. Nate Cardozo is a senior staff attorney on Electronic Frontier Foundation's civil liberties team where he focuses on cybersecurity policy and defending coders' rights. Special thanks to our sponsors,  PInow and SiteLock.

As artificial intelligence (AI) becomes more prevalent and useful, most industries are looking for ways it can benefit them; law firms are lagging behind in dedicating the time and resources to make AI work for them. In this episode of Digital Detectives, 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. Ed Walters is the CEO and co-founder of Fastcase, an online legal research software company based in Washington, D.C. Special thanks to our sponsors, PInow and SiteLock.

"It's all too easy to step off a precipice without ever realizing you were on a precipice." - Sharon Nelson The field of e-discovery is constantly changing, and there are many new and old ways to get into trouble as a litigator. In this episode of Digital Detectives, 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. They also go over a bunch of high-profile examples and talk about the General Data Protection Regulation (GDPR), which goes into effect on May 25th, 2018. Special thanks to our sponsors, PInow and SiteLock.