Podcast category: Legal News

Lawyer 2 Lawyer

The Latest on the FBI/Apple Legal Battle

The FBI and Apple, Inc. have been immersed in an ongoing legal battle over privacy and security. The legal battle reached a boiling point when the FBI and Apple engaged in a dispute over whether the federal court may compel Apple to create new software that would enable the FBI to unlock an iPhone 5C it recovered from one of the shooters in a terrorist attack in San Bernardino, California. So, is this a threat to our data security or will Apple’s assistance to the FBI provide key information needed to prevent future terrorist attacks?

On Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join David O’Brien, a senior researcher at the Berkman Center and Robert E. Cattanach, a partner with the international law firm Dorsey & Whitney LLP and a former justice department attorney, as they take a look at the latest on the FBI/Apple Legal Battle. They discuss San Bernardino, encryption, privacy, national security, and the future impact of this case.

David O’Brien has contributed legal and policy research to a variety of Berkman Center’s projects, spanning the topics of privacy, cloud computing, copyright, cybersecurity, interoperability, and internet governance. David currently leads the Berkman Center’s efforts in the cybersecurity and the Privacy Tools for Sharing Research Data project.  David also serves on the advisory board for Harvard’s Open Data Assistance Program.

Bob Cattanach has represented numerous clients in breach responses, development of privacy policies and procedures, and provided counsel to corporate boards of directors, and audit committees on matters of cybersecurity, privacy and internal governance. Bob’s long history of interaction with key government agencies began with his service of the United States Department of Justice, Civil Division, which represents the interests of the United States and its agencies, including the CIA, FBI, Departments of State, Defense and Energy. His longstanding relationship with those agencies enables him to engage with key players on major cyber issues, and be the “go-to” attorney for all matters cyber.

Special thanks to our sponsor, Clio.

The Digital Edge

The Law is Not Copyrightable: Fastcase Sues Casemaker

Recently, the legal publishing company Fastcase received a takedown notice from the parent company of another publishing company, Casemaker, claiming they had exclusive rights to distribute, for commercial use, the Georgia Administrative Rules and Regulations. Fastcase CEO Ed Walters was surprised by this demand, because public law is not copyrightable. As a response, Ed decided to initiate litigation with Casemaker for the rights to the regulations and also to set a countrywide precedent. But why did Casemaker think they had exclusive rights to these Georgia laws in the first place?

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.

Topics include:

  • 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

Ed Walters is the CEO and co-founder of Fastcase, a legal publishing company based in Washington D.C. Before working at Fastcase, he was a lawyer at Covington & Burling in Washington D.C. and Brussels. Ed also teaches The Law of Robots at Georgetown University Law Center.

Special thanks to our sponsors, ServeNowCloudMask, and Scorpion.

Special Reports

ABA TECHSHOW 2016: Keynote Speaker Cindy Cohn on NSA Mass Surveillance

At the ABA TECHSHOW, Cindy Cohn gave a keynote speech discussing the NSA, the fourth amendment, the Apple vs. FBI case, and the Electronic Frontier Foundation (EFF). Afterwards, she stopped by to discuss these very relevant topics with Legal Talk Network hosts Bob Ambrogi and Dennis Kennedy. They talk about how the NSA is gathering and filtering our online communications, why Cohn believes this mass data diversion doesn’t meet the Constitution’s definition of a warrant, and why average (non-terrorist) citizens should care. The keynote speaker then touches on the currently pending Apple vs. FBI case and the long-term security risks of being required to have backdoors in our devices. They end the interview with a quick discussion about how lawyers can provide assistance, if they are interested.

Cindy Cohn is the executive director for the Electronic Frontier Foundation, a nonprofit working across the board to bring American’s constitutional and legal rights into the digital age. The National Law Journal named Ms. Cohn one of 100 most influential lawyers in America in 2003, noting, “[I]f Big Brother is watching, he better look out for Cindy Cohn.”

ABA Journal: Modern Law Library

Prosecutor’s book offers first-hand look at ‘Making a Murderer’ subject Steven Avery

A year before Netflix’s viral hit Making of a Murderer was making headlines, Manitowoc County prosecutor Michael Griesbach released his book The Innocent Killer: A True Story of a Wrongful Conviction and its Astonishing Aftermath. Griesbach was the prosecutor who worked to free Steven Avery after DNA evidence proved he had been wrongfully convicted of a terrible assault.

In this episode of the Modern Law Library, we speak with Griesbach about his work to achieve Avery’s exoneration; why he decided to write a book on the topic; whether watching Making a Murderer changed his mind about Avery’s guilt in the murder of Teresa Halbach; some of the evidence the documentary left out; and how the release of the Netflix documentary has affected Manitowoc County.

Special Reports

ABA TECHSHOW 2016: Collaboration Tools That Save You Time: Part 2

This Special Report continues the discussion of independent collaboration tools that streamline processes and reduce the time you spend working together. Adam Nguyen stops by to chat about these new tools with Legal Talk Network producer Laurence Colletti during ABA TECHSHOW 2016. Adam, one of the hosts of the ‘Realtime Collaboration Isn’t Just for Conference Rooms Anymore’ presentation, talks about how lawyers who work together in systems like Google Docs rather than sending emails back and forth can really save time.

Adam Nguyen is co-founder and COO/CFO of eBrevia, a company that automates the contract review process by using machine learning technology. Adam holds a BA in Economics and Political Science from Columbia and a JD from Harvard Law School. He has also studied at the University of California, Berkeley as a Woodrow Wilson Fellow in Public Policy and International Affairs, and at the University College London.

Special Reports

ABA TECHSHOW 2016: Microsoft Office Add-ins and Apps

There are so many features in Microsoft Office, it’s hard to imagine how additional add-ins could be necessary. But some of these integrated applications can specifically help lawyers. In this Special Report, Legal Talk Network producer Laurence Colletti interviews lawyers and legal technology experts Bob Ambrogi and Catherine Sanders Reach about Microsoft Office tips you can use in your law practice today. The conversation opens with Catherine explaining how Microsoft Office has evolved over the years to become an incredibly robust program. The discussion then shifts with both guests providing a detailed list of must have add-ons, and tips on how to optimally use them, to help increase the efficiency and security of your practice.

Bob Ambrogi is the only person to have held top editorial positions at both “National Law Journal and Lawyers Weekly USA. He writes two nationally-recognized blogs, LawSites, covering new networking sites and technology for the legal profession, and MediaLaw,” on freedom of the press. Ambrogi is a Massachusetts attorney representing clients at the intersection of law, media, and technology for his firm, The Law Office of Robert J. Ambrogi.

Catherine Sanders Reach is the director of law practice management technology for the Chicago Bar Association. For over 10 years, she was the director at the ABA’s Legal Technology Resource Center and served on the ABA TECHSHOW Board from 2007-2009. Ms. Reach has given many presentations on the use of technology in law firms for national bar conferences, state and local bar associations and organizations.

Special Reports

ABA TECHSHOW 2016: Meaningful Presentations on a Budget

Do you want to create impressive and meaningful presentations without having ample finances? Get some advice from Mark Hindelang and Joshua Hoeppner in this episode of Special Reports with host Laurence Colletti. They stop by after their presentation “Champagne Presentations on a Beer Budget” at ABA TECHSHOW 2016 to share tips on staying organized and creating a well thought out presentation. The conversation starts with some tips on the optimal way to utilize Powerpoint and some common mistakes novice Powerpoint users make. The discussion then shifts to a comprehensive breakdown and explanation of free linear and nonlinear software options. From video editing to logo creation Mark and Josh provide tips that will give you the insights necessary to ensure professional presentations on a modest budget.

Joshua Hoeppner is a professional illustrator, graphic designer, and senior trial technology presentation expert for his company PresentationView. He is well versed in developing pieces focused on persuasion or simplification of information for juries and has prepared countless trial graphics, illustrations, PowerPoint presentations, and videos for many litigation purposes. Josh received his B.A in illustration from the Columbus College of Art and Design.

Mark Hindelang has served as a litigation technology consultant in civil and criminal cases and joined the Wayne County Prosecutor’s Office in 2010. He has been assigned to the Conviction Integrity Unit, Trials, District Courts, and the Special Prosecutions Division as an assistant prosecuting attorney. Mark received his J.D. from the University of Detroit-Mercy School of Law and now co-teaches a class encouraging all attorneys to view technology as inextricably ingrained into the practice of law.

Special Reports

ABA TECHSHOW 2016: Passing Your IT Security Audit

Cyber security experts Sherri Davidoff and Sharon Nelson spoke in a presentation titled “Passing Your IT Security Audit” at ABA TECHSHOW 2016. Before their presentation, they stop by to discuss the topic with Legal Talk Network producer Laurence Colletti. Tune in to learn why more and more clients are demanding IT security audits from their legal service providers and how you can prepare your law firm. Sharon opens the conversation by explaining how the internet has changed the way companies perceive data security. The discussion then shifts to tips and best practices that you can implement within your firm to build an effective security program. The conversation ends with a focus on cyber insurance and the nine building blocks of an effective security program.

Sharon D. Nelson is president of the digital forensics, information technology, and information security firm Sensei Enterprises. In addition to serving on numerous noted legal organizations including the ABA’s Cybersecurity Legal Task Force and the ABA’s Standing Committee on Technology and Information Systems, she was president of the Virginia State Bar.

Sherri Davidoff is a nationally-recognized cyber security expert who is a founder and Senior Security Consultant at LMG Security. She has over a decade of experience as an information security professional, specializing in penetration testing, forensics, social engineering testing, and web application assessments. Davidoff is an instructor at Black Hat and co-author of “Network Forensics: Tracking Hackers Through Cyberspace”. She is a GIAC-certified forensic examiner (GCFA) and penetration tester (GPEN), and holds her degree in computer science and electrical engineering from MIT.

 

Special Reports

ABA TECHSHOW 2016: Empower Your Client’s Autonomy with Technology

Many people today get satisfaction from using apps and client portals to access services like banks and healthcare providers. Can lawyers provide this same experience, increasing client happiness? At ABA TECHSHOW 2016, Dennis Kennedy interviews legal technology consultant Jeff Krause about implementing firm practices to create an autonomous experience for clients. Jeff starts the conversation with examples of how lawyers can modernize their practice by embracing online communication and digital services. He then goes into the benefits, such as immediate document accessibility and ease of billing management, of collaborating with your client via new technologies. Jeff then closes the conversation with an explanation of how easy it is to work with other service providers and how embracing technology can aid you in being more transparent with your clients.

Jeffrey S. Krause is a Wisconsin attorney and is a founding partner of Solfecta, LLC. He has served as the chair of the technology track for the Wisconsin Solo and Small Firm Conference and is a certified or authorized consultant for dozens of law office applications. Jeff holds a B.A. and M.A. in History from the University of Wisconsin-Milwaukee and is a graduate of the Marquette University Law School.

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