John W. Simek

John W. Simek

Host of Digital Detectives

John W. Simek is vice president of the digital forensics, information technology and cybersecurity firm Sensei Enterprises. He is a nationally known expert in cybersecurity and digital forensics. John is a Certified Information Systems Security Professional (CISSP) and holds multiple other technical certifications. He is a co-chair of ABA TECHSHOW 2019 and a frequent author (16 books and hundreds of articles) and speaker on technology, cybersecurity and electronic evidence topics.

Episodes
April 18, 2019

Internet Defamation: What Lawyers Need to Know

Joe Meadows has a discussion with John Simek and Sharon Nelson about internet defamation.

March 28, 2019

Digital Forensics on Mobile Devices

Brett Burney talks about what lawyers need to know about digital forensics on mobile devices.

February 26, 2019

Breaking and Entering: The Fascinating Life of a Professional Pen Tester

Sherri Davidoff talks about her career as a penetration tester and what she has developed with the companies in the area of cybersecurity.

January 30, 2019

eDiscovery: Major Developments in 2018 and a Look Ahead

Doug Austin talks about the most prominent trends in eDiscovery.

January 30, 2019

ABA Midyear Meeting 2019: ABA President Bob Carlson

Bob Carlson discusses many of the issues surrounding the immigration crisis and the effect the government shutdown has had on immigration courts.

January 30, 2019

ABA Midyear Meeting 2019: ABA President-Elect Judy Perry Martinez

Judy Perry Martinez discusses a variety of topics including lawyer wellness, immigration, gun violence, legal education, and legal technology.

January 29, 2019

ABA Midyear Meeting 2019: Tinker at 50 —Student Rights at the Schoolhouse Gate and Beyond

Salvatore Russo, Alex Johnson, Steve Wermiel, and Jim Hanks talk about the presentation titled “Tinker at 50: Student Rights at the Schoolhouse Gates and Beyond”.

December 26, 2018

Our Favorite Cybersecurity Resources

Sharon Nelson and John Simek talk about their favorite cybersecurity resources for lawyers.

November 27, 2018

Cybersecurity: Getting to Good for the Small Law Firm

Kellam Parks discusses why cybersecurity is essential to your firm and his impressions of solos/small firm’s cybersecurity awareness and preparedness.

October 29, 2018

The Evolving Landscape of Law Firm Data Breach Preparation and Response

David Ries talks about the need for law firms to develop a quick and logical way to respond to a data breach.

September 18, 2018

Securing Office 365: An Ethical Imperative for Lawyers

Brandon Koeller talks about the Office 365 Secure Score and other best practices to keep you secure in the cloud.

August 27, 2018

Cyber Security Awareness Training

Sharon Nelson and John Simek talk about the importance of cyber security awareness and potential training methods firms can use to instruct employees and partners.

July 24, 2018

Is the California Consumer Privacy Act Part of a Trend?

Scott Pink talks about the California Consumer Privacy Act, a law that aims to give consumers more control over their privacy and data usage.

June 26, 2018

Is Working with Virtual Assistants Putting your Law Firm in Danger?

Tom Lambotte talks about virtual assistances and how involving them could cause data dangers and what lawyers can do to protect themselves.

May 30, 2018

The FBI’s Access to iPhone Data: Apple Fights Back

Nate Cardozo explains the FBI’s stance on encryption, the First Amendment issues involved, and speaks on the implications of the FBI vs Apple San Bernardino confrontation.

April 23, 2018

Fastcase’s Artificial Intelligence Sandbox

Ed Walters talks about AI Sandbox, Fastcase’s new artificial intelligence initiative that aims to encourage firms’ experimentation with AI.

March 29, 2018

Ethical Misadventures in E-Discovery

Sharon Nelson and John Simek talk about the most common reasons lawyers run into e-discovery ethics issues, which include social media, Yelp reviews, document manipulation, and “hiding the ball” by giving opposing counsel too much data.

March 12, 2018

Creating Your Own Legal Tech Startup

The most successful legal startups truly know their customers. Make sure you have a market before you launch your startup. And other tips from Bob Ambrogi and Andrew Arruda.

March 12, 2018

The New Word of Mouth: Lawyer Ratings and Reviews

Gyi Tsakalakis and Erin Gerstenzang talk about getting reviews, dealing with negative reviews, and creative responses to reviews for lawyers.

February 28, 2018

Cyber Insurance: Expensive, Complicated, and Necessary

Judy Selby talks about what cyber insurance covers, the different types of coverage, and why it’s an important part of a legal business.

January 30, 2018

What Makes a Preservation Letter Presidential

Craig Ball shares what it’s like to have the lawyers of the President of the U.S. use your words in one of his preservation letters and why this was perhaps the wrong move for President Trump’s lawyers.

December 29, 2017

Privacy vs. Protection: Warrantless Phone Searches at the Border

Sophia Cope talks about the EFF and ACLU challenge against the government’s warrantless searches of cell phones and other devices at the border.

November 21, 2017

Kaspersky Lab: Friend or Foe?

David Ries talks about whether Kaspersky Lab is safe for lawyers to use, diving into where the controversy started and what the results have been so far.

October 24, 2017

A Breach of Trust: The Aftermath of the Equifax Hack

This legal technology podcast covers the Equifax breach including who was affected, the resulting lawsuits, and whether or not the hack was preventable.

September 19, 2017

How Lawyers Should Use Spreadsheets

Ben Kusmin talks about the proper handling and format of spreadsheets.

August 17, 2017

Crisis Management After a Data Breach

In this legal technology podcast, Brian Wommack talks about the correct way to handle a data breach.

July 17, 2017

Cybersecurity 2.0: Creating Order from the Regulatory Landscape to Build a Strategic Advantage

Denver Edwards discusses cybersecurity, including the National Institute of Standards and Technology’s (NIST) cybersecurity framework.

June 19, 2017

Ethical Issues with Confidential Data

In this legal podcast, Jim McCauley talks about ethical issues lawyers face and how the Virginia Bar is helping to educate lawyers on how to handle them.

May 19, 2017

Cybersecurity for Macs

The CEO of GlobalMac IT discusses how cybercrime has evolved and what Mac using lawyers can do to protect their information.

April 18, 2017

Practical Approaches to Preserving New (and Not-So-New) Media

Sharon and John talk to Craig Ball about the intricacies of preserving digital evidence.

March 14, 2017

Electronic Security Sweeps for Law Firms and their Clients

Guest Charles Patterson talks about TSCM and how this extra level of security can ensure a lawyer's private information stays private.

February 14, 2017

Smishing, a Growing Cyber Security Threat

In this episode of Digital Detectives, Sprint's Joe Hamblin joins hosts Sharon Nelson and John Simek to discuss Smishing and other cyber security threats.

February 3, 2017

ABA Midyear Meeting 2017: Updates from ABA President Linda Klein

Executive orders on immigration, veterans initiative, the ABA Blueprint web tool, President Trump’s Supreme Court nominee, and Law Day 2017.

January 17, 2017

The Ransomware Epidemic in Law Firms: A Guide to Defense and Survival

In this episode of Digital Detectives, hosts Sharon Nelson and John Simek discuss ransomware with the CEO of LMG Security, Sherri Davidoff.

December 20, 2016

Obama vs. Trump on Cyber Security

On this Digital Detectives podcast, we discuss governmental cyber security policy under Obama and how policies might change under the Trump administration.

November 4, 2016

#LoveYourLawyerDay (Part 1)

Executive producer Laurence Colletti interviews your favorite Legal Talk Network hosts about how they’re spending time during this holiday de jure

October 12, 2016

The Importance of Website Security for Law Firms

Sharon and John sit down with SiteLock President Neill Feather to discuss the importance of website security and data breaches in law firms.

September 15, 2016

Encryption, Cyber Security, and Domestic Surveillance

Cindy Cohn discusses domestic surveillance, encryption technology, and how lawyers and law firms can protect themselves and their clients from cyber attacks.

August 18, 2016

Cyber Security for Small Firms and Solo Practices

Sharon Nelson and John Simek speak Jim Calloway about ways small firm and solo attorneys can improve their cyber security.

August 5, 2016

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...

July 21, 2016

The 2016 Georgetown Ediscovery Training Academy

Board certified trial lawyer Craig Ball talks with Sharon and John about information technology competency and the 2016 Georgetown Ediscovery Training Academy.

June 29, 2016

Mandiant’s M-Trends and Verizon’s Data Breach Investigation Reports

Clark Hill PLC Of Counsel David G. Ries discusses data security, Mandiant’s M-Trends, and Verizon’s Data Breach Investigation Reports.

May 23, 2016

The Panama Papers: The World’s Largest Data Breach

Nuix Chief Technology Officer Stephen Stewart sits down with Sharon Nelson and John Simek to discuss the Panama Papers, the world’s largest data breach.

April 6, 2016

Cyber Security Audits and Options for Your Law Firm

As technology continues to become ever more integrated into our daily lives, the challenges that law firms face grow and evolve. Many tech savvy clients are not only concerned with a lawyer’s ability to represent them but also their ability to protect their files and privileged communications. With more instances of data breaches and hacking...

March 17, 2016

ABA TECHSHOW 2016: Using Excel in Your Law Office

Excel is a powerful tool that is often underutilized in law offices, but lawyers shouldn’t be intimidated by it. Hosts Sharon D. Nelson and John W. Simek interview ABA TECHSHOW 2016 presenters Ivan Hemmans and Allan Mackenzie about how beginners and experts can better use Excel to improve their law practice. The conversation opens with...

March 17, 2016

ABA TECHSHOW 2016: The Mac Power Users

Are you looking for ways to improve your Mac skills to increase efficiency and productivity in your practice? In this Special Report, John W. Simek interviews Macintosh experts Katie Floyd, Jeff Schoenberger, and David Sparks about their presentation at ABA TECHSHOW 2016. The conversation opens with tips to help you better manage your email use,...

March 11, 2016

Edward Snowden’s Legal Advisor Sides with Apple in FBI Battle Over Encryption

During the investigation of the San Bernardino shooting the FBI obtained a company iPhone that was used by Syed Farook, one of the assailants. The investigators obtained a warrant to search the phone, but it’s currently locked and the FBI hasn’t been able to access the encrypted data. This prompted the agency to request assistance...

March 3, 2016

ABA Midyear Meeting 2016: Increasing Judicial Diversity Through Clerkship

Digital Detectives hosts Sharon Nelson and John Simek sit down with State Trial Court Judge Heather Welch and United States Magistrate Judge for the District of Minnesota Leo Brisbois in this Special Report to discuss the 2016 Judicial Clerkship Program. The goal of this program is to increase diversity in law clerk positions at court...

February 26, 2016

ABA Midyear Meeting 2016: Water and Drought in California

Digital Detectives hosts Sharon Nelson and John Simek stop by our table at the American Bar Association’s Meeting 2016 for a conversation about California’s water and drought issues with experts Meena Westford, Carolyn Angius, Elizabeth Clark, Heather Riley, and Michael Kiparsky. Together, they discuss the state’s 5 year water shortage and its impact on agriculture,...

January 28, 2016

What Law Firms Should Know About the FBI’s InfraGard Program

InfraGard, one of the longest running outreach associations, represents a partnership between the FBI and the private sector. Members include businesses professionals (including many law firm employees), people from academic institutions, and local participants who share their experience and expertise with the FBI to assist in crime prevention. In the recent climate of rampant cyber...

December 30, 2015

Technology Assisted Review for Smart People

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...

November 20, 2015

Paris Attacks: The Digital Investigation, ISIS, and The Response

Following the terrorist attacks in Paris, French officials used metadata from a phone they found in a trashcan to gather information that made it possible to raid ISIS safe houses within a week. During these raids they were able to kill the suspected mastermind behind the operation, who was believed to be planning more attacks....

November 10, 2015

Catalyst’s Free E-Discovery Practicum for Law Schools

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...

October 6, 2015

A New Dawn for the Association of E-Discovery Specialists

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...

September 3, 2015

Hillary Clinton’s Emails and the Looming Issue of Shadow IT

“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...

August 26, 2015

Why are Law Firms Beginning to Form Data Breach Practice Groups?

“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...

July 23, 2015

E-Discovery Reflections from Retired Magistrate Judge John Facciola

John M. Facciola is a retired United States Magistrate Judge who formerly served in the United States District Court for the District of Columbia. He has authored over 700 opinions, many of them in e-discovery and in the impact of information technology upon Fourth Amendment principles. With an inside knowledge of how e-discovery directly affects...

June 8, 2015

Lawmageddon and How to Prepare for Social Media in the Courtroom

In a recent blog post, Canadian lawyer and legal technology blogger Nathaniel Russell defined Lawmageddon as “the imminent confluence of events that will change lawyers’ lives forever.” This most likely includes technologies such as cybersecurity, cloud-based systems, encryption, and social media, which influence the legal sphere in a way that lawyers cannot opt out of....

May 8, 2015

Judge Andrew Peck on TAR (Technology-Assisted Review)

Many of our listeners will know the term Technology-Assisted Review (TAR) by it’s more common nickname, “predictive coding.” Lawyers and judges alike need to pay attention to TAR due to potential changes to the Federal Rules of Civil Procedure (FRCP) coming up in December 2015. And since almost all courts accept when lawyers utilize TAR...

April 23, 2015

2015 ABA TECHSHOW: Interview with Legal Talk Network Hosts

Legal Talk Network producer Laurence Colletti interviews Digital Detectives and The Digital Edge host Sharon Nelson, Digital Detectives host John Simek, The Kennedy-Mighell Report host Dennis Kennedy, and ABA Journal: Asked and Answered host Stephanie Francis Ward at the 2015 ABA TECHSHOW. Each host briefly explains the topics discussed in their podcast and discusses preparation...

March 31, 2015

The Law of Robotics: Autonomy, Responsibility, and Risk

From self-driving cars and drones to robotic surgeons and soldiers, humans are delegating more tasks to machines and software. But who is responsible when then these new innovations cause damage, injury, or death? Can we trust machines to prioritize preserving human life when accidents inevitably occur? Should we be thinking about sweeping regulations? In this...

February 26, 2015

Forensic Science in the Criminal Justice System: What is Admissible?

There have been several programs looking at exoneration of people previously convicted of crimes. This includes The Innocence Project, currently boasting 325 DNA exonerations, and a project of the University of Michigan Law School that works on cases in which DNA is unavailable. The latter project had exonerated 1,553 individuals when we recorded this podcast....

February 12, 2015

ABA Midyear Meeting 2015: Young Lawyers Division with Andrew Schpak and Lacy Durham

Digital Detectives hosts Sharon Nelson and John Simek interview Andrew Schpak and Lacy Durham about the ABA Young Lawyers Division at the 2015 ABA Midyear Meeting. As chair of the division, Schpak discusses his plans for the year, future meetings, his health and wellness initiative, and his public service project in Portland called Project Street...

January 21, 2015

The Government’s Dark Data: A Decade of Discovery

Joe Looby recently released his documentary The Decade of Discovery about the United States versus Philip Morris tobacco lawsuit in the early 2000s and email e-discovery issues. The film also discusses the emergence of the Sedona Conference as a think tank and forum for discussion about cooperation in e-discovery. Many prominent federal judges were interviewed...

January 16, 2015

The Sony Hack: You Can’t Keep the Barbarians Outside the Gate

In November of 2014, hackers infiltrated Sony’s computer network lifting terabytes of corporate data, human resources information, internal intel, films, corporate emails, and other valuable information. This led the corporate world to question how protected we really are from cyber attacks. In the 1990’s, the only computer issue was viruses, but the attack vectors have...

December 16, 2014

Issues and Trends in E-Discovery and Information Governance

As lawyers, we hear a lot about the technological advances in e-discovery and information governance. How do you describe the current state of e-discovery from an opportunity and growth perspective, and how does this market opportunity impact the pulse rate of mergers, acquisitions, and investments? For lawyers purchasing e-discovery packages, there are several types of...

November 13, 2014

War and Terrorism in Cyberspace: Wild, Wild West Shoot Out on the International Frontiers

“A cyber attack on the World Trade Center would be 10 times more financially damaging than the 2001 attack.” Data breaches like the ones at Target, JP Morgan, and Home Depot have recently been all over the news and are usually organized by hackers working towards financial gain. But there is cyber war happening with military...

October 27, 2014

Predictive Coding for Rookies: E-Discovery in the Courtroom

Discovery, as all lawyers know, is the process of collecting and exchanging information about the court case to prepare for the trial. Traditionally, this was done by many lawyers over countless billable hours in which every page of potential evidence was examined for important information. Because of this, the more information existed in reference to...

September 24, 2014

Rule 37(e) of the Federal Rules of Civil Procedure: Changes for ESI Preservation and Spoliation

In 2006, the Federal Rules of Civil Procedure rule-makers developed and put into practice amendments dealing with electronically stored information (ESI) and e-discovery. However, most of those involved believed these amendments did not adequately deal with lost or missing ESI or “the spoliation issue.” In 2014 the rule-makers proposed Rule 37(e), which deals with the...

August 18, 2014

Cull, Baby, Cull – Modern Trends in Data Collection and Analysis

Despite all the attention that e-discovery has received over the last decade, it is still a relatively new part of the litigation process. For those lawyers who were never exposed to e-discovery in law school or their formative years of practice, the systems and products involving data collection and analysis can be overwhelming and complex....

July 28, 2014

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,...

July 7, 2014

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...

May 26, 2014

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...

April 14, 2014

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...

March 24, 2014

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...

February 24, 2014

The Kindergarten Version of Information Security for Lawyers

From malware and hackers to BYOD and TYOD, the biggest threat to law firm data could be the attorneys themselves. On this episode of Digital Detectives, hosts Sharon D. Nelson and John W. Simek interview data expert Ben M. Schorr and discover complex new threats to data security and the simplest solutions to reduce them....

January 31, 2014

What Should Lawyers Know About Information Governance?

In this edition of Digital Detectives hosts Sharon D. Nelson and John W. Simek invite Jason R. Baron, former director of litigation at the U.S. National Archives and Records Administration to discuss Information Governance as it relates to e-discovery, privacy, record keeping and security. Baron connects the dots between all these areas and helps lawyers...

November 7, 2013

A State Judge’s Perspective On E-Discovery

The Honorable John M. Tran uses the terms digital natives and digital immigrants when referring to judges. Coined by author Marc Prensky, digital natives are those born into technology and digital immigrants are learning the field as they go. It’s not uncommon for judges to be digital immigrants, forcing them to confront issues on the...