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Digital Detectives
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Digital Detectives

Hosted by two leaders in the cyber-security industry, Sharon D. Nelson, Esq. and John W. Simek, Digital Detectives is for listeners who are interested in digital forensics, e-discovery, and information security issues. Nelson and Simek invite digital forensic and computer security experts to enlighten listeners on the latest technology, cyber threats, and necessary security measures to keep online data secure.

More Episodes
Aug 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.

Jul 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.

Jun 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.

Apr 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.

Mar 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.

Feb 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.

Jan 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.

Dec 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.

Nov 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.

Oct 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.

Sep 19, 2017
How Lawyers Should Use Spreadsheets

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

Aug 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.

Jul 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.

Jun 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.

Apr 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.

Mar 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.

Feb 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.

Jan 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.

Dec 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.

Nov 18, 2016
The Top Hot Topics in eDiscovery

Sharon Nelson and John Simek talk with CloudNine VP of Professional Services Doug Austin to discuss the hottest changes and trends surrounding e-discovery.

Oct 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.

Sep 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.

Aug 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.

Jul 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.

Jun 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.

Apr 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...

Mar 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...

Jan 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...

Dec 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...

Nov 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....

Nov 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...

Oct 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...

Sep 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...

Aug 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...

Jul 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...

Jun 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...

Mar 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...

Feb 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....

Jan 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...

Jan 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...

Dec 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...

Nov 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...

Oct 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...

Sep 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...

Aug 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....

Jul 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,...

Your Hosts
Sharon D. Nelson

Sharon D. Nelson is president of the digital forensics, information technology, and cybersecurity firm Sensei Enterprises. In addition to...

John W. Simek

John W. Simek is vice president of the digital forensics, information technology and cybersecurity firm Sensei Enterprises. He is...

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