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.
Hosted by two leaders in the cybersecurity and digital forensics industries, Sharon D. Nelson, Esq. and John W. Simek, Digital Detectives is for listeners who are interested in digital forensics, e-discovery, and information security issues. Nelson and Simek invite digital forensic and computer security experts to enlighten listeners on the latest e-discovery technology, cyber threats and security policies and measure to keep data secure.
The Digital Edge: Lawyers and Technology, hosted by attorneys Sharon Nelson and Jim Calloway, provides listeners with tips and tools for career success, as well as cutting-edge technology news. Nelson and Calloway invite noted authors, speakers, and legal technologists to discuss topics at the intersection of law and technology.
In this episode of The Digital Edge, Jim Calloway interviews lawyer and legal technology blogger/podcaster Bob Ambrogi about the lawyer’s duty of technology competence, how it applies to discovery and confidentiality, and how technology can really benefit lawyers too.
- Tech duty: regulatory burden versus the reality of practicing law today
- State bars that have adopted the ABA rule change
- Implications of the California eDiscovery Ethics Opinion
- Relevant technology and knowing what you don’t know
- Getting up to speed on encryption
- eDiscovery and knowing how to collect, preserve, and search data properly
- How to effectively contract out competence
- The duty to supervise
- Benefits of technology in practice management
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.
- 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
In this episode of The Digital Edge, Sharon Nelson and Jim Calloway interview Steve Best, chair of ABA TECHSHOW’s Planning Board, about the popular technology topics that will be covered at the conference in March, why lawyers and other law firm staff should care about tech trends, and how Steve personally became so intricately involved.
- Steve’s career transition from a practicing lawyer to a legal technology consultant
- Why lawyers should care about security, mobility, and the cloud
- Regulation violations and security breaches
- Learning helpful info from the exhibit hall
- The planning board: IT professionals, in-house attorneys, lawyers, and consultants
- Two special plenary sessions
- Getting the most out of the technology you already have
- The 30th anniversary party at the Chicago Hilton hotel
In this episode of The Digital Edge, Sharon Nelson and Jim Calloway interview Richard and Daniel Susskind about their new book and key topics within that might interest lawyers who wish to prepare for the future. They discuss a “grand bargain” concept of exclusivity, the capability of machines to replace cognitive, physical/manual, and emotional skills currently provided by human professionals, and the right questions to ask about the future of legal services. Are there any tasks that computers won’t be able to do?
- Society’s expectation for affordable, accessible, and reliable professional services
- Computers and artificial intelligence as a threat to the legal profession
- Professionals to be redeployed into new roles
- Embedded knowledge
- Free sharing of information through online avenues
- Incremental changes versus complete changes
- Commercial and social circumstances of the current systems
In this episode of The Digital Edge, Sharon Nelson and Jim Calloway interview John Simek about the International Standards Organization (ISO) 27001 certification, The National Institute of Standards and Technology (NIST) small business standards, and other news concerning law firm cybersecurity.
- Updates, guidelines, and costs of getting the ISO 27001 certification
- NISTIR 7621 Revision 1: absolutely necessary, highly recommended, and advanced cybersecurity actions
- Helpful resources for small firms
- Client wishes and data breaches in 2015
- How to implement an incident response plan (IRP)
- Email encryption and Opinion 648 of the Texas Center for Legal Ethics
- Protection from ransomware
- Passwords, multi-factor authentication, and biometrics
- Changing defaults and patching applications
In this episode of Digital Detectives, Sharon Nelson and John Simek interview John Tredennick, the CEO of Catalyst Repository Systems, about Catalyst’s 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: experts teach the computer algorithm, the algorithm orders review documents by estimated relevance, and 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.
In this episode of The Digital Edge, Sharon Nelson and Jim Calloway interview Gyi Tsakalakis, founder of the online legal marketing agency Attorney Sync, about the internet’s role in client development, the mistakes most lawyers make, and the “magic” of online legal marketing strategies.
• The role of Google, Facebook, and Avvo in vetting legal service providers.
• Providing valuable content versus blatant advertising
• Understanding your audience and catering your marketing
• Being authentic, direct, and transparent
• Learning to use the technology properly
• What to look for in a marketing agency
• Properly defining your advertising goals for success
• Utilizing current and past charity events participation.
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.
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.
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.
- 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