Digital Detectives

E-Discovery: Why You Should Go Native!

Thu, 13 Jun 2013 10:58:41 -0600

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.

Cyber Threats to Law Firms and Businesses: How Do We Defend Ourselves?

Tue, 07 May 2013 15:48:50 -0600

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.

Scary Tech: Lessons from ABA TECHSHOW 2013

Fri, 26 Apr 2013 09:53:19 -0600

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.

Special Masters in E-Discovery

Wed, 10 Oct 2012 14:55:35 -0400

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.

Metadata: What You Can’t See Can Hurt You!

Tue, 18 Sep 2012 10:51:44 -0400

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".

Ouch! Lessons Learned from the Morgan Lewis’ Redaction Disaster

Mon, 27 Aug 2012 11:50:53 -0400

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.

Focus on Privacy: The Facebook Internet Tracking Case

Fri, 20 Jul 2012 11:19:23 -0400

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 Craigslist Killer: A Case Study in Digital Forensics

Tue, 12 Jun 2012 09:44:20 -0400

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.

Brainless Blunders in E-Discovery Searches

Wed, 18 Apr 2012 12:16:28 -0400

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.

Predictive Coding: A Rose by Any Other Name

Fri, 23 Mar 2012 14:44:45 -0400

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.

The Best Resources for Staying Current in E-Discovery

Thu, 16 Feb 2012 15:30:37 -0500

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.

Smartphone Security

Fri, 20 Jan 2012 11:29:35 -0500

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.

Cost-Effective E-Discovery in Small Cases

Thu, 15 Dec 2011 13:11:26 -0500

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.

The Future of E-Discovery

Tue, 15 Nov 2011 16:09:26 -0500

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.

Controversial Issues in E-Discovery

Fri, 28 Oct 2011 10:32:42 -0400

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.”

Interactive Whiteboard Technology in Courtrooms and Law Firms

Thu, 15 Sep 2011 10:00:45 -0400

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.

E-Discovery - Without the High Price Tag

Fri, 19 Aug 2011 09:48:04 -0400

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 it Possible to Secure Law Firm Data?

Mon, 25 Jul 2011 15:44:42 -0400

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.

Proportionality in e-Discovery: A UK Perspective

Wed, 22 Jun 2011 16:04:13 -0400

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.

The Meet and Confer: Getting it Right

Fri, 20 May 2011 10:57:24 -0400

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!

The Five Hottest Topics in E-Discovery

Tue, 26 Apr 2011 16:01:40 -0400

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."

The Deplorable State of Law Firm Security

Tue, 22 Mar 2011 14:49:13 -0400

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?

Performing Quality E-Discovery Searches: Is it Time to Set Some Standards?

Tue, 22 Feb 2011 16:02:37 -0500

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.

Expert Witnesses in E-Discovery

Fri, 21 Jan 2011 09:54:26 -0500

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.

Ethical Issues in E-Discovery

Tue, 4 Jan 2011 17:00:09 -0500

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.

Sexting and Sextortion: Texting and Extortion Get a XXX Twist

Tue, 16 Nov 2010 16:19:28 -0500

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.

Inside Social Media Archiving

Mon, 25 Oct 2010 15:20:21 -0400

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.

Ethics & E-Discovery

Tue, 28 Sep 2010 10:20:11 -0400

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.

An Inside Look at the 2010 Civil Litigation Conference at Duke Law School

Mon, 30 Aug 2010 14:20:43 -0400

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.

Current Issues in Computer Forensics

Mon, 26 Jul 2010 10:56:08 -0400

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.

A Look at Data Breaches

Wed, 30 Jun 2010 12:36:31 -0400

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.