Podcast category: Information Security

Digital Detectives

Data Breaches, eDiscovery, and the Importance of Digital Forensics

Every law firm can run into incidents of employee misconduct, data breaches, and intellectual property theft. In the age of modern technology, data breaches, insider trading, and other security problems require extensive technological forensics. Partners and firm owners, as well as lawyers working within the firm, need to understand why a digital investigation is needed, what steps should be taken within an investigation, and who should be involved. Having this knowledge can save the firm thousands of dollars while uncovering the truth.

In this episode of Digital DetectivesSharon Nelson and John Simek interview ediscovery and compliance attorney Patrick Oot about how attorneys should be prepared on technology issues when they start to investigate criminal and civil matters. Everyone leaves technology footprints, Oot explains. Whether dealing with an internal investigation or with client data, the most important asset is unbiased, comprehensive, and well documented research. When hiring a digital investigator, the firm should always find an outside expert who is experienced with data breaches, understands how data moves through the system, and can manage proper narrative to the regulators. Properly conducting a digital investigation can make the difference in the credibility and success of a law firm.

Patrick Oot is a partner in the DC office of Shook Hardy and Bacon LLC where he leads the practice on e compliance and digital investigations. He is one of the few ediscovery and compliance attorneys in the nation that possesses the tripartite experience of an in-house corporate counsel from a fortune 16 organization, a senior attorney at a federal regulatory agency, and a partner in a large law firm. Patrick has extensive experience advising on discovery and investigative matters involving commercial litigation, compliance, regulatory requests, antitrust matters, and personnel issues.

Special thanks to our sponsor, Digital WarRoom.

The Digital Edge

When Lawyers Get Divorced: Ethically Breaking up a Law Firm

When a law firm breaks up or a lawyer leaves to start a new practice, there are always clients, contingency arrangements, and hourly cases to split up. It is important to know what ethical steps a lawyer or law firm should take when parting ways. If the firm splits up, who has the rights to the name, brand, clients, or even client files? How can both parties ethically allocate unfinished business, accounts receivable, or unsettled contingency prearrangements? An ethical and professional split is inevitably beneficial for the future of the law firm and the lawyer.

On this episode of The Digital Edge, Sharon D. Nelson and Jim Calloway ask legal ethics expert Tom Spahn about the proper way to professionally deal with the various situations that arise when a law firm splits up. He explains that lawyers and their firms should remain civil and open to negotiation before the lawyer has left. Firms have run into trouble while trying to penalize leaving employees on an individual basis. He discusses the ethically proper way to deal with unfinished business doctrines, document retention programs, and fiduciary duties to clients. Due to technology, there are new issues to consider including digital files or property ownership of domain names. Overall, however, Spahn emphasizes that every partner has a continuing duty to make sure every client is adequately served.

Tom Spahn, often known as “Mr. Ethics” in Virginia, practices as a commercial litigator in the Tysons Corner office of McGuireWoods. He has served on the ABA Standing Committee on Ethics and Professionalism, and has spoken over 1,200 times on ethics and other topics in the United States and abroad.

Special thanks to our sponsor, ServeNow.

 

 

Digital Detectives

77% of Lawyers Can’t Be Trusted With Confidential Client Data

All lawyers have an ethical obligation to employ security measures when sharing information and data with their clients. Whether that means encrypting all important emails or properly researching cloud based file-sharing services like Dropbox, it is incumbent on lawyers to understand the levels of security available. LexisNexis recently did a survey on what tools lawyers and legal professionals are using to protect their clients’ privileged information. 77% of the lawyers surveyed did not have adequate security for their confidential client data. How important is encryption and what can lawyers do to change the way they share data?

On this episode of Digital DetectivesSharon Nelson and John Simek interview Bob Ambrogi, a lawyer and journalist who recently wrote about the LexisNexis survey. They ask him about the implications of the survey, what security measures lawyers should be taking, how frequently clients are hurt by lack of security, and why lawyers are generally resistant to learning about data encryption. Ambrogi explains that an overall lack of information, ignored ethics rulings, lack of time, and assumed difficulty are the reasons lawyers often refuse to learn how to safely share data. He encourages lawyers, especially the ones in small or solo firms, to seek out a consultant to learn about the relatively easy encryption tools and techniques. After all, no lawyer wants to be a part of the 77%.

Bob Ambrogi is a Massachusetts lawyer and journalist and has covered legal technology and the Internet for two decades. He writes the “Ambrogi on Tech” column for the ABA Journal and his blog LawSites, launched in 2002, is in the ABA Journal Blawg 100 Hall of Fame.  Since 2005, he has co-hosted the legal-affairs podcast Lawyer 2 Lawyer also on the Legal Talk Network.

Special thanks to our sponsor, Digital WarRoom.

Lawyer 2 Lawyer

Facial Recognition Technology: Security vs. Privacy Concerns

Imagine a computer thousands of miles away recognizing you in a camera at an intersection. Furthermore, consider being tracked and monitored from your home to your place of work every day. Facial recognition technology makes this type of identification possible and it is being rapidly developed for country defense and law enforcement purposes. On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Ed Tivol from EWA, Government Systems, Inc. and Jennifer Lynch from Electronic Frontier Foundation. Together, they discuss the paradox of security vs. privacy when it comes to biometric modes of identification. In addition, they deliberate on how this data is being collected, who is collecting it, and for what purpose. Tune in to hear about your evolving First and Fourth Amendment Rights in the face of national security, crime prevention, and the private sector.

Jennifer Lynch is a Senior Staff Attorney with the Electronic Frontier Foundation and works on open government, transparency, and privacy issues as part of EFF’s Transparency Project. She is a writer and frequent speaker on government surveillance programs, domestic drones, intelligence community misconduct, and biometrics. Lynch has testified about facial recognition before Senate Subcommittees and prior to joining EFF, she was the Clinical Teaching Fellow with the Samuelson Law, Technology & Public Policy Clinic at UC Berkeley School of Law.

Ed Tivol is the Vice President of the Intelligence and Operations Division for EWA, Government Systems, Inc. a defense contractor actively developing facial recognition technology for the Federal Government. He is a 1964 graduate of The Citadel and served in the Army’s Military Intelligence branch for 24 years. Tivol completed two tours in Vietnam and retired with the rank of Colonel in 1990. In the same year, he began his work with EWA and has been there ever since. Ed holds master’s degrees from University of Maryland and the Army War College. Today Mr. Tivol and his wife raise racehorses and Angus cattle outside of Bowling Green, Kentucky.

Special thanks to our sponsor, Clio.

Digital Detectives

The FBI’s Massive Facial Recognition Database: Privacy Implications

On February 12th of 2008, the FBI announced that it had hired Lockheed Martin to build its Next Generation Identification system (NGI) to deploy multimodal matching to biometric data of US citizens. Today, NGI’s database contains several types of unique identifiers including fingerprints, iris prints, and facial recognition. On this episode of Digital Detectives, hosts Sharon Nelson and John Simek interview Jennifer Lynch from the Electronic Frontier Foundation. Together they discuss false identifications, mandatory background checks, and the First Amendment right to be anonymous. Tune in to learn more about EFF’s FOIA request and how the FBI is using the data of the innocent to look for guilty parties.

Jennifer Lynch is a senior staff attorney with the Electronic Frontier Foundation, a non-profit organization dedicated to defending civil liberties in the digital world. At EFF, Jennifer works on privacy issues in new technologies such as biometrics, domestic drones, and location tracking devices. She successfully sued the Federal Aviation Administration and Customs and Border Protection to obtain thousands of pages of previously unpublished drone records and has testified about facial recognition and its Fourth Amendment implications before the Senate Subcommittee on Privacy, Technology and the Law.

Special thanks to our sponsor, Digital WarRoom.

Un-Billable Hour

Model Rules for the Modern Lawyer: Leveraging Technology to follow ABA Guidelines

As the rate of new technology increases, it becomes more difficult for lawyers to keep up with industry standards for protecting client data confidentiality. In addition to the rigors of day-to-day practice, attorneys are expected to be familiar with terms such as SSL 256, SaS 70, and SSAE 16. On this episode of the Un-Billable Hour, host Chris T. Anderson interviews The Droid Lawyer blogger, Jeffrey Taylor. Together they discuss the importance of attorneys staying current through workshops, blogs, conferences, and state bar associations. In addition, tune in to learn more about the security issues associated with cloud-based vs. server-based practice management software solutions.

Jeffrey Taylor is the author of The Droid Lawyer blog. The blog discusses Android mobile operating system for lawyers. The Droid Lawyer is one of the ABA Journal’s Top 100 law blogs, and one of Biztech Magazine’s Top 50 Must Read IT Blogs. Jeff is an attorney in Oklahoma City, Oklahoma.

 

 

The Digital Edge

The Best of Legal Tech for Solos and Small Firms 2014

There are a multitude of technology options to help run small firms and solo practices, but deciding on which ones can be a daunting endeavor. Mac vs. PC, practice management systems, and encryption of client data are among numerous issues attorneys must resolve. On this episode of The Digital Edge, hosts Sharon Nelson and Jim Calloway interview John Simek from Sensei Enterprises. Together, they discuss modern innovations that make running firms easier and keep client data safe. Tune in to learn more about meta data, benefits of paperless, and John’s favorite software tools.

John Simek is the vice president of Sensei Enterprises, a digital forensics, information technology and information security firm located in Fairfax, Virginia. He is a co-author of The 2014 Solo and Small Firm Legal Technology Guide: Critical Decisions Made Simple, published by the American Bar Association along with many other books on technology, security and electronic evidence. John is a testifying expert and holds many technical certifications. He’s also a co-host on another Legal Talk Network podcast, the Digital Detectives.

Special thanks to our sponsor, ServeNow.

 

 

Digital Detectives

Perils of Law Firms Possessing Massive Amounts of Unreviewed Client Data

Some experts believe that, in addition to being prohibitively expensive for law firms to manage, maintaining immense amounts of client data increases the probability that it will be exposed to the public through a security breach or hack. That is why many like-minded firms are outsourcing data management to companies that specialize in it. On this episode of Digital Detectives, hosts Sharon Nelson and John Simek interview Ralph C. Losey from Jackson Lewis P.C. Together, they discuss how to manage large amounts of data, when to outsource, and what to do with unprocessed information. Tune in to learn more about dark data, how to select outside vendors, and hosting costs vs. storage costs.

Ralph C. Losey is a shareholder of Jackson Lewis P.C., a law firm specializing in labor and employment law with over 52 offices nationwide and 800 attorneys. Ralph serves as the firm’s National e-Discovery Counsel in charge of electronic discovery issues. Ralph has limited his practice to e-discovery since 2006 and is the author of five books on e-discovery law and multiple law review articles. Ralph is also co-founder of the IT-Lex foundation and the Electronic Discovery Best Practices group, and the developer of an online training course in e-discovery, e-DiscoveryTeamTraining.com. Ralph is a frequent speaker at e-discovery conferences worldwide and a leading contributor in the field of Legal Search.

Special thanks to our sponsor, Digital WarRoom.

Kennedy-Mighell Report

Legal Ethics and Cybersecurity

Since 2009, the FBI has warned that law firms have cybersecurity problems with potentially far-reaching consequences. Changes to ethical rules, as a result of the American Bar Association’s Ethics 20/20 effort, have clarified that keeping up with technology is a component of attorney competence. Where do ethics rules and cybersecurity measures intersect? In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss cybersecurity in the context of legal ethics, how ethical rules place demands on lawyers to take security measures, and practical approaches to the vital issue of cybersecurity.

 

Digital Detectives

The Ethical Implications of NSA Surveillance for Lawyers

Some technology experts believe it’s not a matter of if law firm communications can be hacked, but when. With continuing reports of the NSA and foreign entities monitoring the privileged attorney-client communications of US law firms, lawyers may be required to take additional measures to protect client information. On this edition of Digital Detectives, hosts Sharon Nelson and John Simek discuss the growing dangers and evolving duties for clients and attorneys with cyber security expert David Ries from Clark Hill Thorp Reed. Among the many changes to legal practice are alterations to the Model Rules of Professional Conduct, increased contractual expectations from clients, and a growing need to encrypt portable devices. Tune in to learn more about these developing areas of attorney responsibility.

David Ries is a member in the Pittsburgh office of Clark Hill Thorp Reed, LLP where he practices in the areas of environmental, commercial, and technology law and litigation. He regularly deals with privacy and security issues in his practice and frequently writes and speaks on them for legal, professional, and academic groups.

Special thanks to our sponsor, Digital WarRoom.

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