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.
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, hosts Sharon Nelson and Jim Calloway talk with The Remsen Group President John Remsen, Jr. about the benefits of creating a firm-wide business plan. John expresses how important it is for law firm leadership to recognize that they are running a business and states that it is difficult to run a successful business without a plan of where you are going. He shares that his research results show that only 40% of midsize firms report that they have a written strategic plan and less than 5% give themselves a positive score on implementing that plan well. Gordon also reveals that 90% of firms with a plan will attribute improved performance in areas like increased cohesiveness, profitability, long term sustainability, and growth to the planning exercise. He then analyzes the top five concerns of midsize firms, like associate development and firm governance, and provides ways that firms can address these concerns. He closes the interview with reasons that older lawyers resist these types of improvements and tips to help law firms start the strategic planning process.
In this episode of The Digital Edge, hosts Sharon Nelson and Jim Calloway speak with Clio founder and CEO Jack Newton and Rocket Matter founder and CEO Larry Port about cloud computing and the new cloud security standards for legal professionals released by the Legal Cloud Computing Association. Larry explains what the LCCA is and how it formed out of a need to educate lawyers about what is happening in the cloud. Jack provides some insight into the creation of the security standards, such as terms of service privacy policies and encryption, and states that with these standards as a baseline lawyers will be able to more easily assess if a cloud computing provider is adhering to certain ethical standards. Larry also lists a few factors lawyers should consider, like where the SaaS data center is located, and the four things (vulnerability scans, penetration testing, and aesthetic code and dynamic code reviews) that the standards require in security testing. They both end the interview with an analysis of in-transit and at rest encryption and the benefits and drawbacks of zero knowledge level security.
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.
In this special centennial episode of The Digital Edge, hosts Sharon Nelson and Jim Calloway sit down with ABA President-Elect Linda Klein to reflect on how technology has improved the practice of law throughout their careers. The hosts open by taking some time to reflect on the last 100 episodes of the podcast and Linda shares her memory of having the Digital Edge be the very first podcast she ever listened to. She then muses over being introduced to technology early in her career and how tech started to influence and improve the way she practiced law. Within these reflections, Linda provides some insight into why she thinks it is important for lawyers to give back to their communities and tips on how tech can help fit everything into one’s busy life. The group then focuses on ABA initiatives centered around positively influencing the rapid change happening in the legal profession spurred by globalization and technology. Linda then looks toward the future and discusses goals that she has for her presidency relating specifically to technology and the practice of law.
In this episode of 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.
In this episode of The Digital Edge, Sharon Nelson and Jim Calloway interview Ed Walters about the case, why he thinks keeping public law in the public domain is so important, and the history of law citations, annotations, and publication.
- The verbiage in Casemaker’s takedown notice to Fastcase
- Contracts with the Secretary of State of Georgia and other states
- The importance of having a federal court declare that private publishers can’t own the law
- The history of laws published with citations, annotations, or editorial enhancements
- How the digitalization of laws has changed the publishing landscape
- What happens when a state designates a version of the code as official (even if it was published by a private company like LexisNexis)
- What will happen next with the Casemaker/Fastcase lawsuit
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.
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