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.
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.
Forty nine cents of each dollar spent on electronic discovery is wasted as a result of lawyers not understanding how to properly scope a preservation effort or use forms of production and collection that are both defensible and reasonable. How do lawyers stay abreast with new technology that might become a possible source of evidence and where do they get that information? Why do solo lawyers and small firms need to know about electronic discovery?
In this episode of The Florida Bar Podcast host, Adriana Linares chats with Computer Forensic Examiner Craig Ball about electronic evidence, e-discovery, and how important it is for litigators to understand this data acquisition process. Craig explains why small firms and solo lawyers should be interested in e-discovery, if they want access to electronic evidence, and why printing physical copies of documents for storage is no longer practical. He also talks about the denial that many lawyers have regarding their need to understand and use new tech and provides resources online where lawyers can go to become more informed about e-discovery. Craig discusses why law firms should insist upon certain electronic competencies from their lawyers, like understanding the appropriate means by which to do reasonable searches of electronically stored information, and why he thinks the bar associations have not done enough to stress the importance of such knowledge. He then closes the interview with an analysis of emerging tools designed specifically to assist small firms and solo practitioners with e-discovery and provides specific software options that can help lawyers with the collection and preservation of evidence.
Craig Ball is a trial lawyer and computer forensic examiner who focuses his practice on serving as court-appointed special master and consultant in computer forensics and electronic discovery. He is a founder of the Georgetown University Law Center E-Discovery Training Academy and serves on the academy’s faculty. Craig received his J.D. from, and teaches Electronic Discovery and Digital Evidence at, the University of Texas School of Law.
With the data breaches and ransomware that has plagued law firms (and other companies) of all sizes recently, clients and firm managers alike are seeking more advanced data security. Certifications like the ISO 27001 provide guidelines and standards for how to protect the confidentiality, integrity, and availability of the information your firm holds. But what does implementing the high level of cybersecurity mean practically, how much will it cost, and what if a solo or small law firm can’t afford it?
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
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
John Simek is the vice president of Sensei Enterprises, Inc. in Fairfax, Virginia, which offers IT, information security, and digital forensics services for law firms and other businesses. John is a co-author of the book “Encryption Made Simple for Lawyers,” published by the American Bar Association in 2015 and a co-author of the second edition of “Locked Down: Practical Information Security for Lawyers” which will be published in March of 2016. John is one of the country’s leading cybersecurity experts for law firms.
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.
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.
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
Bill Hamilton is the executive director of the UF E-Discovery Project at the University of Florida Levin College of Law. He teaches introductory and advanced e-discovery classes on campus and online.
In episode one of this two-part series, host Charles Volkert, executive director of Robert Half Legal, and industry experts, Thomas Barnett, Rocco Grillo and Joel Wuesthoff, examine data privacy and security issues that are demanding the attention of legal and IT teams across industry sectors. Learn about the particular risks law firms and legal departments face and the prevention strategies legal teams and their IT counterparts are implementing.
The Association of Certified E-Discovery Specialists (ACEDS) is a member organization that offers certification and a community for professionals working in the field of e-discovery, both in the public and private sectors. Recently, experienced e-discovery service provider and industry leader Mary Mack was named the executive director of ACEDS. What will change and what are her future plans for the organization?
In this episode of Digital Detectives, Sharon Nelson and John Simek interview 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.
Attorney specialist certification and marketing
Teams and corporate training
E-discovery AND forensics, information governance, technological competence…
What’s happening with CLEs and in law school
ABA Model Rule 1.1
Functional and experience requirements for the certification test
Why Mack moved from providing services/software to education
Mary Mack, executive director of ACEDS, has over a decade of leadership and hands on experience in the eDiscovery community. Mary most recently served in a leadership role for ZyLab, a global provider of e-discovery and intelligent information governance software. Before that, she was with Fios, Inc., a provider of e-discovery services to Fortune 1000 corporations and major law firms.
“It is very difficult to conceive of a scenario — short of nuclear winter — where an agency would be justified in allowing its cabinet-level head officer to solely use a private email communications channel for the conduct of government business.”
– Jason R. Baron to the New York Times
On March 2nd, 2015, The New York Times published a breaking story about Hillary Clinton, who used a private email account to conduct government business. Due to The Freedom of Information Act, many people questioned whether Clinton acted inconsistently with her federally mandated record keeping obligations. Furthermore, is this a wakeup call for companies and governmental entities who are not controlling shadow IT, the practice of employees using private devices and softwares at work?
In this episode of Digital Detectives, 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.
Federal records collection and keeping policies
Unmarked classified information on Clinton’s private server
Federal, state, and other public figures using personal email for public purposes
Shadow IT and BYOD policies for companies and governmental entities
The bigger picture of big data and information governance
Whether Clinton’s actions were legal
Jason R. Baron is of counsel to Drinker Biddle & Reath, LLP, practicing in their Information Governance and eDiscovery Group, and is co-chair of The Information Governance Initiative, a think tank and vendor neutral consortium. Previously, he served as director of litigation at the National Archives and Records Administration, and as a trial attorney and senior counsel at the U.S. Department of Justice.
“33% of Fortune 100 Organizations will experience an information crisis by 2017.” – Gartner, an information technology research and advisory firm
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.
“Data Law”: e-discovery, information governance, and data security consulting
Increased client demand for legal technology services
Strategic partnerships between legal and technical professionals
Company interests: preparation for data loss, litigation, and government inquiry
How to proceed during “the upchuck hour”
Reasons for the increase in data breaches
Who and what should be involved in the incident response plan
Simulated data breach exercises
A lack of data security in many law firms
Martin T. Tully is a partner with the Chicago office of Akerman LLP. He is veteran trial lawyer with more than two decades of experience representing domestic and multinational companies in a variety of complex commercial litigation matters. As the co-chair of Akerman’s Data Law Practice, Martin also focuses on keeping clients ahead of the curve regarding the developing law, technology and best practices related to e-discovery, information governance and data security.