Podcast category: Legal Technology

Kennedy-Mighell Report

Our Tech Innovation Wish List

In this episode of The Kennedy-Mighell Report, hosts Dennis Kennedy and Tom Mighell discuss their dreams for future tech innovations, the ways technology is currently failing us, and the strong reactions consumers are having to the rumors that the new iPhone 7 will not have a traditional headphone jack. Dennis shares that the catalyst for this show topic was a recent experience with aggressive drivers that made him recall a traffic accident he was in. The recklessness of the drivers and the distraction that resulted in his crash made him think that perhaps the world needs driverless vehicle technology more than ever before. Tom further emphasizes this sentiment by referencing several recent stories of individuals who, while driving, experienced heart attacks or other medical emergencies and utilized driverless car technology to safely and expediently reach the hospital. He states that humanity has to get use to the idea that computers can do things as well as, if not better than we can, and driving might be one of the last places that this occurs. Both hosts provide their wish lists of tech innovations that could improve their everyday lives, including intelligent voice recognition software that understands the context of spoken requests and a dashboard that provides sophisticated multi-platform social media management. They end the first segment with their thoughts on how these advancements could greatly benefit lawyers.

In the second segment of the podcast, Dennis and Tom explore why consumers are having such a negative reaction to the rumors that Apple’s iPhone 7 will not come with a headphone jack. Dennis remarks that traditional tech is disappearing faster than ever before and wonders if this is another sign of our technological future that society will have to get use to. Tom thinks that consumers are concerned about their previous tech investments, like top quality headphones, becoming obsolete and reminds us all that technology always changes and that you can either accept that evolution or give up the technology altogether. They both speculate how removing the headphone jack and utilizing the lightning port could potentially innovate the headphone as a platform. As always, stay tuned for Parting Shots, that one tip, website, or observation you can use the second the podcast ends.

Special thanks to our sponsor, ServeNow.

Legal Toolkit

Using Content Marketing to Grow Your Law Practice

In this episode of The Legal Toolkit, founder and president of Sword and the Script Media, LLC. Frank Strong talks with Heidi Alexander about content marketing and why it’s so important for lawyers. Frank starts by defining content marketing, a business process for creating and distributing relevant and valuable content, and briefly explains how this process can help lawyers build trust with their existing and prospective client base. He lists a few content marketing characteristics, like working consistently and ensuring that you own your distribution channel, and emphasizes that your content creation efforts should focus mainly on whichever platform you own. Frank encourages attorneys to seek client-oriented questions to help them in the content creation process and to use their own anecdotal style to guarantee a unique brand. He warns lawyers to establish a consistent publishing schedule, manageable with their busy lives, and reiterates that sustainability is the goal. Frank also instructs legal professionals to view their social media outlets as satellites that operate around, and integrate into, their main content hub. He lists his content marketing best practices, like clear documentation and iterative improvement focused progress, and provides a few examples of what makes a good marketing strategy. Frank closes the interview with a reflection on how content marketing has changed over the years and some emerging trends he sees for the future.

Frank Strong is the founder and president of Sword and the Script Media, LLC, a veteran-owned business based in Atlanta focused on PR, content marketing and social media services.  However, most folks in the legal community will recognize him from his previous assignment as the communications director for the LexisNexis software division in Raleigh. During his tenure at LexisNexis he was the primary champion behind the LexisNexis Business of Law Blog, which garnered tens of thousands of visitors from the legal community every month and earned praise from likes of Forbes.

Special thanks to our sponsors Amicus Attorney and Scorpion.

Digital Detectives

Cyber Security for Small Firms and Solo Practices

In this episode of Digital Detectives, hosts Sharon Nelson and John Simek speak with Oklahoma Bar Association’s Management Assistance Program Director Jim Calloway about ways small firm and solo attorneys can improve their cyber security. Jim talks about the increased awareness of cyber security in the solo and small law firm community as a result of the recent news coverage of data breaches occurring in a variety of companies. This level of visibility and growing pool of attorneys who have personal experience with someone who has had a data breach or digital disaster has cultivated an understanding that a compromised database or dead computer can put the entire law firm out of business. He states that seeing these large companies being compromised can often cause small firms with much smaller budgets to question if there is anything they can do to protect themselves. Jim points out that attorneys running their own firms or small businesses have a duty to supervise their employees and provides his 5 top cyber security tips to help these very firms and solo lawyers protect themselves, their clients, and address the importance of physically securing company laptops and other mobile devices. He closes the interview with an analysis of the risks and rewards of utilizing cloud-based practice management tools designed specifically for legal professionals and his advice for law firms who feel that they can’t afford to adequately secure themselves.

Special thanks to our sponsors, PInow and SiteLock.

On the Road

ABA Annual Meeting 2016: What’s Next? Tech’s Top Counsel Reveal All

What do the in-house legal departments of Uber, Salesforce, and Oculus look for when hiring outside counsel? And, what advice do such high-profile attorneys have for advancing careers? The answers might surprise you. In this report from On The Road, host Joe Patrice interviews the chair and former chair of the ABA Section of Science & Technology Law, Cynthia Cwik and Heather Rafter, at the 2016 ABA Annual Meeting.

The duo recaps the group’s ABA Annual Meeting session, titled “What’s Next? Tech’s Top Counsel Reveal All!” which featured speakers Uber GC Salle Yoo, Salesforce GC Amy Weaver, and Oculus Associate GC Amy Fox. In it, they reveal how today’s tech general counsels are working with outside counsel as well as what they expect from these external advisors. In today’s world, it’s not enough to notify your client of a problem, you must also provide possible solutions with that initial message. Tech GCs aren’t required to have a science background; attorneys with interpersonal skills and ability to communicate coupled with an adequate understanding of technology will also be considered.

Stay tuned as our guests talk about their (serendipitously) all-women panel and discuss diversity, work-life balance, the need to take risks for advancement, and the importance of exercise and mindfulness.

Cynthia Cwik is chair of the ABA Section of Science & Technology Law. In her practice life, she works at the San Diego Office of Jones Day as a litigator who has handled a variety of complex matters, including class actions, mass tort matters, consumer fraud actions, and product liability actions. She has extensive experience in cases involving issues of science and technology.

Heather Rafter is the former chair of the ABA Section of Science & Technology Law. In her practice life, she works at RafterMarsh US, a law firm that she started where she works as a part time GC to a variety of companies. Prior to that, she was a litigator for Gibson, Dunn, & Crutcher LLP.

ABA Journal: Legal Rebels

Jerome Goldman’s work gives a voice to SCOTUS arguments

The license plates on Jerome Goldman’s Subaru Legacy reads “OYEZ,” in honor of his U.S. Supreme Court-focused multimedia archive. Now at age 71, Goldman, named a Legal Rebels Trailblazer by the ABA Journal, says he has some more “ephemera” that he hopes will get on the site, which is moving from Chicago-Kent College of Law to Cornell University’s Legal Information Institute. “This means passing along my knowledge gained over 25 years, plus offering complete details regarding my workflow,” says Goldman, who believes that his political science education was instrumental in understanding judicial behavior.

On the Road

ABA Annual Meeting 2016: Driverless Cars

The transition from cars with drivers to driverless cars is upon us, and it will be potentially as disruptive as horse and buggies to cars. As this switch-over occurs, lawyers and lawmakers will face issues of compliance, liability, and information governance, among others. In this On the Road report from the ABA Annual Meeting 2016, Joe Patrice interviews Bryant Walker Smith, Laura Ruettgers, and Stephen Wu about their conference presentation on driverless cars. Together, they discuss the compliance issues that arise from different levels of vehicle automation, who is liable for an accident, how the insurance carriers will adapt to the changes, and the moral questions that arise on a programming level. The presenters close by discussing how taxi and trucker employment will change and driverless cars as a supplement to public transportation.

Bryant Walker Smith is an assistant professor of law and (by courtesy) engineering at the University of South Carolina School of Law. His research focuses on risk (particularly tort law and product liability), technology (automation and connectivity), and mobility (safety and regulation).

Laura Ruettgers is with the law firm of Severson & Werson where she specializes in providing coverage and policy drafting advice for environmental and toxic tort claims and policies. Laura also has extensive experience addressing issues arising under commercial general and excess liability, professional liability, and directors and officers liability policies.

Stephen Wu is of counsel with Silicon Valley Law Group. He advises clients on information governance matters, focusing on information security, privacy, mobile computing, ediscovery preparedness, records management, and computer-related investigations.

Paralegal Voice

Advice to Help Lawyers and Law Firms Go Paperless

In this episode of The Paralegal Voice, host Vicki Voisin talks with the State Bar of Michigan practice management advisor JoAnn Hathaway about her tips to help law firms go paperless. She shares that there are many procedural steps involved in transitioning a company from a traditional filing structure to a paperless system and that it’s imperative to have a paperless policy to ensure that no one deviates from the process. She encourages any company embarking on this conversion to take inventory of their goals for going paperless and to decide what the firm hopes to accomplish by making this change. JoAnn then goes into her top ten policies that firms should implement if they are going paperless, like making your policy searchable and developing a feedback and monitoring system to determine the success of the transition, and closes the interview with suggestions of resources that law firms can utilize to simplify the process.

JoAnn L. Hathaway is a practice management advisor for the State Bar of Michigan. Ms. Hathaway previously worked as a legal liability claims director and risk manager, paralegal, and legal administrator. She is an Adobe Acrobat Certified Expert, and holds software certifications in LexisNexis Time Matters and Billing Matters software. She is active in the ABA Law Practice Division, serving on the Publications Board, Law Practice Today Editorial Board, and State and Local Bar Outreach Committee. She is a frequent speaker on law firm technology, insurance, and risk and practice management topics.

Special thanks to our sponsors, Boston UniversityNALA, and ServeNow.

On the Road

ABA Annual Meeting 2016: Predicting and Preventing Terrorist Attacks

This time On the Road at the 2016 ABA Annual Meeting, hosts Sharon Nelson and John Simek speak with Electronic Frontier Foundation Executive Director Cindy Cohn, United States Foreign Intelligence Surveillance Court Federal Judge James Jones, and Chairman and Associate Professor in the Department of National Security Affairs at the Naval Postgraduate School Mohammed Hafez about the ongoing quest to prevent terrorism. Mohammad mentions that the increased visibility of global terrorist attacks has given rise to a discourse about how we should best deal with this issue, by understanding the nature of terrorism and how it has evolved over the years. Judge Jones gives a brief background on the United States Foreign Intelligence Surveillance Court (FISA Court), which was established in 1978. Each judge serves as a duty judge in the court’s secure location in Washington D.C. for a week at a time to receive applications from the Department of Justice for surveillance of individuals suspected of terrorists activities. Cindy provides her thoughts on the concept of using the mechanisms of big data to predict who is going to engage in terrorist activity and the extent to which the FISA Court has approved mass surveillance procedures and programs that involve collection and/or analysis of large swathes of information. They close the interview by further investigating the versatility of terrorist organizations and how terrorism has transformed over time.e.

Cindy Cohn is the executive director of the Electronic Frontier Foundation (EFF). From 2000-2015 she served as EFF’s legal director as well as its general counsel. Ms. Cohn first became involved with EFF in 1993, when the EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography.

James Parker Jones is a United States federal judge for the United States District Court for the Western District of Virginia and the United States Foreign Intelligence Surveillance Court. He is a 1962 graduate of Duke University and a 1965 graduate of the University of Virginia School of Law.

Mohammed M. Hafez earned his Ph.D. from the London School of Economics and Political Science in 2000. He is now an associate professor in the Department of National Security Affairs at the Naval Postgraduate School in Monterey, California. Previously, he served as a counterterrorism consultant to the U.S. government and visiting assistant professor of political science at the University of Missouri, Kansas City.

Law Technology Now

How Law Firms and Lawyers Can Improve Their Productivity

In this episode of Law Technology Now, host Monica Bay speaks with reporter and author Charles Duhigg about his new book, “Smarter Faster Better: The Secrets of Being Productive in Life and Business.” Charles emphasizes that a lawyer’s career is predicated upon making choices about how they spend their time and for that reason efficiency is incredibly important. The most productive people, he reveals, are the ones who create routines that allow them to differentiate between busyness and productivity. He encourages leaders to create mental models or visualizations of how any daily transaction will unfold and to make small directed company improvements, or changes to what he calls keystone habits. He continues by providing examples of how this approach, combined with carefully phrasing your proposed change, can lead to greater companywide advancements in the long term. Charles also discusses the importance of having an agile company and explains that the best way to create this culture is to empower your co-workers to make great choices. He states that empowering others to solve problems as they occur allows those individuals who can solve the problem best and who are often the closest to the issue the ability to handle these concerns as they occur. Charles closes the interview with an analysis of how crisis facilitates flexibility and provides tips on how attorneys can create the perception of potential crisis to help facilitate change.

Charles Duhigg is a Pulitzer Prize–winning investigative reporter for “The New York Times” and the author of “The Power of Habit.” He is a winner of the National Academies of Sciences, National Journalism, and George Polk awards. A graduate of Harvard Business School and Yale College, he lives in Brooklyn with his wife and two children.

Kennedy-Mighell Report

Taking a Break from Technology

In this episode of The Kennedy-Mighell Report, hosts Dennis Kennedy and Tom Mighell discuss whether it is beneficial to take a break from technology and if increased tracking of consumers through their technology is inevitable. Dennis and Tom were both recently on vacation and during this time of seclusion Dennis started to rethink his relationship with technology. His decreased use of email and sporadic access to social media led him to question if a controlled break from technology was beneficial in simplifying one’s approach to tech use. Tom stayed much more connected during his vacation and came to the conclusion that he doesn’t want to take a break from technology. Leveraging the maps, apps, and entertaining content tech provides, in his opinion, helps him to supplement the activities that he likes to do. They both encourage anyone feeling overwhelmed by tech to take an audit of their use and find ways to be more efficient and remove unsustainable habits. They end the segment with an analysis of how a complete break from technology can affect a lawyer’s practice and their relationship with their clients.

In the second segment of the podcast, Dennis and Tom take a look at the concept of tracking consumers through their technology and whether or not the growth of this trend is inevitable. Dennis admits that he is wary to enable tracking on his devices and that this caution is also why he doesn’t use social media often when he travels. However, he also recognizes that the services he relies upon like browser searches and mobile applications would be greatly improved if he enabled more tracking. Tom does feel that tracking is inevitable but also emphasizes that transparency over what is collected and control over how much you share is incredibly important to him. They both analyze what this complex social contract might look like as tracking capabilities and the categories that are tracked continue to increase. As always, stay tuned for Parting Shots, that one tip, website, or observation you can use the second the podcast ends.

Special thanks to our sponsor, ServeNow.

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