Thank you, Sharon and John, for all the time, energy, and dedication you have poured into Digital Detectives. We wish the best for both of you in your retirement! Your parting words to us should be echoed back to you—please take care of yourselves and each other. 

If you should ever need Sensei’s digital forensics, managed technology and managed cybersecurity services, find them at senseient.com.

David G. Ries is Of Counsel in the Pittsburgh PA office of Clark Hill, PLC, where he practices in the firm’s Cybersecurity, Data Protection and Privacy Group.

Mike Maschke is the chief executive officer and director of cybersecurity and digital forensics at Sensei Enterprises, Inc.

Check out these resources from today’s conversation: 

• Social Engineering Awareness Training
• Vishing – An Old Scam with a New Twist
• KnowBe4 Blog
• SANS.org
• OUCH! Newsletter
• SenseiEnt.com

For more on cyber security risk mitigation from ALPS, subscribe to the ALPS Blog at: https://blog.alpsinsurance.com/blog-subscribe

Mark Bassingthwaighte, Esq. has been a Risk Manager with ALPS, the nation’s largest direct writer of lawyers’ malpractice insurance, since 1998.

Shashi Angadi is CTO at Exterro and one of its original co-founders.

Doug Austin is an established eDiscovery thought leader with over 30 years of experience providing eDiscovery best practices, legal technology consulting, and technical project management services to numerous commercial and government clients.

Mike Barnsback is managing partner of O’Hagan Meyer in Alexandria, Virginia, where he counsels employers on issues concerning internal monitoring and data breach response obligations and procedures.

For more on BakerHostetler’s 2023 Data Security Incident Response Report check out the key takeaways or get complimentary access to the full report.

Joe Bruemmer is a partner in BakerHostetler’s Digital Risk Advisory & Cybersecurity Team and is the Ohio Digital Assets and Data Management leader.

Andy Wilson is co-founder and CEO of Logikcull.

Andrew Perlman is the dean of the Suffolk University Law School and the inaugural chair of the governing council of the ABA Center for Innovation.

James E. Lee is Chief Operating Officer at the Identity Theft Resource Center.

David G. Ries is Of Counsel in the Pittsburgh PA office of Clark Hill, PLC, where he practices in the firm’s Cybersecurity, Data Protection and Privacy Group.

Doug Austin is an established eDiscovery thought leader with over 30 years of experience providing eDiscovery best practices, legal technology consulting, and technical project management services to numerous commercial and government clients.

Read Craig’s full blog post on the subject: Ripped From the Headlines: Alex Jones and Inadvertent Waiver. 

Craig Ball practices as a Special Master in electronic evidence and discovery, is a longtime adjunct professor at Texas School of Law and Tulane Law School, and writes and speaks around the world on e-discovery and computer forensics.

Beth Waller is chair of the Cybersecurity and Data Privacy Practice at Woods Rogers.

Peter Baumann is CEO and founder of ActiveNav, a leading data privacy and governance software provider.

Craig Hoffman is a sought-after digital risk advisor who co-leads the Digital Risk Advisory and Cybersecurity team at law firm BakerHostetler.

Special thanks to our sponsors CaseFleet, Clio, Embroker, and PInow.

Eva Galperin is Electronic Frontier Foundation’s director of cybersecurity.

Special thanks to our sponsors CaseFleet, Clio, and PInow.

Lucian T. Pera is a partner at Adams and Reese LLP in Memphis, Tennessee, where he focuses his practice on commercial litigation, media law, and legal ethics work.

Special thanks to our sponsors CaseFleet, Clio, and PInow.

James E. Lee is the chief operating officer of the Identity Theft Resource Center.

Special thanks to our sponsors CaseFleet, Clio, and PInow.

David G. Ries practices in the areas of environmental, technology, and data protection law and litigation

Special thanks to our sponsors CaseFleet and PInow.

Ariel Parnes is co-founder and chief operating officer at Mitiga, a cloud incident readiness and response company.

Special thanks to our sponsors CaseFleet and PInow.

David White is president and co-founder at Axio.

Special thanks to our sponsors CaseFleet and PInow.

Rob Lee is the chief curriculum director and faculty lead at the SANS Institute.

Special thanks to our sponsors CaseFleet and PInow.

Sherri Davidoff is a cybersecurity expert, author, speaker and CEO of both LMG Security and BrightWise, Inc.

Special thanks to our sponsors CaseFleet and PInow.

Read Craig’s full blog post on this topic at craigball.net.

Craig Ball practices as a Special Master in electronic evidence and discovery, is a longtime adjunct professor at Texas School of Law and Tulane Law School, and writes and speaks around the world on e-discovery and computer forensics.

Special thanks to our sponsors CaseFleet and PInow.

Special thanks to our sponsors CaseFleet and PInow.

Check out Tom’s Stupid Simple Security Tips blog for quick & easy insights on protecting your data. 

Tom Lambotte is the founder and CEO of Security+ and GlobalMac IT.

Special thanks to our sponsors CaseFleet and PInow.

Craig Hoffman is a sought-after digital risk advisor who co-leads the Digital Risk Advisory and Cybersecurity team at law firm BakerHostetler.

Special thanks to our sponsors CaseFleet and PInow.

Brigadier General Patrick Huston is the Assistant Judge Advocate General for Military Law and Operations in the Pentagon, where he is keenly focused on privacy and the legal and ethical development of AI, cybersecurity and other emerging technologies.

Special thanks to our sponsor PInow.

Stewart Baker practices law at Steptoe & Johnson in Washington, DC, and served as the first assistant secretary for policy at the Department of Homeland Security from 2005 to 2009.

Jeffrey R. Wells is the co-chair of the Cybersecurity, Data Protection & Privacy team at Clark Hill.

Special thanks to our sponsor PInow.

Special thanks to our sponsor PInow.

George Psiharis is chief operating officer at Clio.

Special thanks to our sponsor PInow.

Ted Kobus is a partner and the firmwide chair of BakerHostetler’s Digital Assets and Data Management Group.

Special thanks to our sponsor PInow.

Doug Austin is an eDiscovery thought leader and blogger.

Brett Burney is principal of Burney Consultants LLC.

Special thanks to our sponsor, Logikcull and PInow.

Judy Selby is a partner at Hinshaw & Culbertson LLP.

Special thanks to our sponsor, Logikcull and PInow.

Mike Maschke is the chief executive officer and director of cybersecurity and digital forensics at Sensei Enterprises, Inc.

Special thanks to our sponsor, Logikcull and PInow.

Maura R. Grossman, J.D., Ph.D., is a research professor at the University of Waterloo, an adjunct professor at Osgoode Hall Law School of York University, and principal at Maura Grossman Law, an eDiscovery law and consulting firm in Buffalo, New York.

Special thanks to our sponsor, Logikcull and PInow.

Read David’s entire co-authored alert here: Work-At-Home and Remote Access – It’s Time for a Security Review

David Ries is of counsel in the Pittsburgh, PA office of Clark Hill PLC, where he practices in the areas of environmental, technology, and data protection law and litigation.

Special thanks to our sponsor, Logikcull and PInow.

Doug Austin is an eDiscovery thought leader and blogger.

Special thanks to our sponsor, Logikcull and PInow.

Ben M. Schorr is a senior technical writer at Microsoft.

Special thanks to our sponsor, Logikcull.

Special thanks to our sponsor, Logikcull.

David Ries is of counsel in the Pittsburgh, PA office of Clark Hill PLC, where he practices in the areas of environmental, technology, and data protection law and litigation.

Special thanks to our sponsor, Logikcull.

Michael Mills is the co-founder and chief strategy officer of Neota Logic, Inc.

Special thanks to our sponsor, Logikcull.

Mary Mack is chief executive officer and chief legal technologist at the EDRM.

Kaylee Walstad is chief strategy officer of the EDRM.

Special thanks to our sponsor, Logikcull.

Andy Wilson is the co-founder & CEO of Logikcull.

Special thanks to our sponsor, Logikcull.

Check out Tom’s blog series on this topic: The Dos and Don’ts of a 30(b)(6) Witness Deposition

Tom O’Connor is a nationally known consultant, speaker and writer in the field of computerized litigation support systems.

Special thanks to our sponsor, Logikcull.

Brett Burney is Principal of Burney Consultants LLC, and focuses the bulk of his time on bridging the chasm between the legal and technology frontiers of electronic discovery. He is also the author of the free download eDiscovery Buyers Guide at www.ediscoverybuyersguide.com.

Special thanks to our sponsor, PInow.

Ed Walters is CEO and co-founder of Fastcase.

Special thanks to our sponsor, PInow.

Gail Gottehrer is the founder of the Law Office of Gail Gottehrer LLC in Stamford, CT. Her practice focuses on emerging technologies as well as the digital security laws and ethical issues arising from them.

Special thanks to our sponsor, PInow.

Special thanks to our sponsor, PInow.

Darius Davenport is a partner and chairman of the Cybersecurity and Data Privacy Practice Group of Crenshaw, Ware & Martin.

Special thanks to our sponsor, PInow.

Joe Meadows is a former DOJ attorney and current partner with Bean, Kinney & Korman in Arlington, Virginia. He focuses on internet defamation, cyber-attacks, and business dispute litigation.

Special thanks to our sponsor, PInow.

Brett Burney is Principal of Burney Consultants LLC, and focuses the bulk of his time on bridging the chasm between the legal and technology frontiers of electronic discovery. He is also the author of the free download eDiscovery Buyers Guide at www.ediscoverybuyersguide.com.

Special thanks to our sponsor, PInow.

Sherri Davidoff is a cybersecurity expert, author, speaker and CEO of both LMG Security and BrightWise, Inc.

Special thanks to our sponsor, PInow.

Doug Austin is the vice president of products and services for CloudNine.

Special thanks to our sponsor, PInow.

Special thanks to our sponsor, PInow.

Special thanks to our sponsor, PInow.

David Ries is of counsel in the Pittsburgh, Pennsylvania, office of Clark Hill PLC, where his practice includes environmental, technology, and data protection law and litigation.

Special thanks to our sponsor, PInow.

As a principal program manager lead for customer-facing security, Brandon Koeller is responsible for delivering a core set of security capabilities to every Office 365 customer.

Special thanks to our sponsor, PInow.

Special thanks to our sponsors, PInow and SiteLock.

Scott W. Pink is special counsel in the Data Security & Privacy practice at O’Melveny & Myers LLP.

Special thanks to our sponsors, PInow and SiteLock.

Tom Lambotte is currently the CEO of GlobalMac IT.

Special thanks to our sponsors,  PInow and SiteLock.

Nate Cardozo is a senior staff attorney on Electronic Frontier Foundation’s civil liberties team where he focuses on cybersecurity policy and defending coders’ rights.

Special thanks to our sponsors,  PInow and SiteLock.

Ed Walters is the CEO and co-founder of Fastcase, an online legal research software company based in Washington, D.C.

Special thanks to our sponsors, PInow and SiteLock.

The field of e-discovery is constantly changing, and there are many new and old ways to get into trouble as a litigator. In this episode of Digital Detectives, Sharon Nelson and John Simek discuss some of the most common reasons lawyers run into e-discovery ethics issues, including social media, Yelp reviews, document manipulation, and “hiding the ball” by giving opposing counsel too much data. And negligence is no excuse; if you’re not qualified for the discovery needs of the case, Sharon and John explain, you must get the education, hire a competent lawyer, or decline representation. They also go over a bunch of high-profile examples and talk about the General Data Protection Regulation (GDPR), which goes into effect on May 25th, 2018.

Special thanks to our sponsors, PInow and SiteLock.

Judy Selby is an insurance consultant with over 25 years of insurance coverage litigation experience on behalf of insurers and policyholders. 

Special thanks to our sponsors, PInow and SiteLock.

Craig Ball is a longtime adjunct professor teaching digital evidence at the University of Texas School of Law and he writes and speaks around the world on e-discovery and computer forensics.

Special thanks to our sponsors, PInow and SiteLock.

Sophia Cope is a staff attorney at the Electronic Frontier Foundation. The non-profit advocacy organization works at the intersection of civil liberties and technology.

Special thanks to our sponsors, PInow and SiteLock.

David Ries is of counsel in the Pittsburgh, Pennsylvania, office of Clark Hill PLC, where his practice includes environmental, technology, and data protection law and litigation.

Special thanks to our sponsors, PInow and SiteLock.

Special thanks to our sponsors, PInow and SiteLock.

Ben Kusmin focuses on complex business litigation in state and federal courts. He also created a CLE training program called Excel Esquire to give attorneys the skill they need to successfully navigate in Excel.

Special thanks to our sponsors, PInow and SiteLock.

Brian Wommack leads the strategic communications practice of Cameron LLP, often advising on high-profile and high-stakes matters including cyber intrusion and data breach contingency planning and response.

Special thanks to our sponsors, PInow and SiteLock.

Denver Edwards is a principal at Bressler, Amery & Ross, P.C. in New York and works in the firm’s securities department.

Special thanks to our sponsors, PInow and SiteLock.

James McCauley is the Ethics Counsel for the Virginia State Bar. He teaches professional responsibility at the T.C. Williams School of Law and served on the ABA’s Standing Committee on Legal Ethics and Professionalism from 2008-2011.

Special thanks to our sponsors, PInow and SiteLock.

Tom Lambotte integrated his deep passion for Macs with his successful entrepreneurial skills to create GlobalMac IT, a company that aims to support Mac-based law firms.

Special thanks to our sponsors, PInow and SiteLock.

Craig Ball is a longtime adjunct professor teaching Digital Evidence at the University of Texas School of Law. He writes and speaks around the world on e-discovery and computer forensics.

Special thanks to our sponsors, PInow and SiteLock.

Charles Patterson has over 35 years experience in the security field. Previous to his current position as Exec Security president, he spent 17 years traveling throughout the United States and the world working in executive protection and providing tech support to security teams.

Special thanks to our sponsors, PInow and SiteLock.

Joe Hamblin, director of IT operations for Sprint’s emerging platforms, has more than 25 years of IT experience. In his current position he is responsible for end-user platform engineering including collaboration, Identity Access Management (IAM) and device engineering/management.

Special thanks to our sponsors, PInow and SiteLock.

Sherri Davidoff is the CEO of LMG Security, a cybersecurity and digital forensics company. She has more than a decade of experience as an information security professional, specializing in penetration testing, forensics, social engineering testing and web application assessments.

Special thanks to our sponsors, PInow and SiteLock.

Keith Lowry has more than 25 years of experience implementing, managing, and directing insider threat, counterintelligence, and intelligence collection programs.

Special thanks to our sponsors, PInow and SiteLock.

Special thanks to our sponsors, PInow and SiteLock.

Special thanks to our sponsors, PInow and SiteLock.

Cindy Cohn is the executive director of the Electronic Frontier Foundation. 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 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.

Special thanks to our sponsors, PInow and SiteLock.

Jim Calloway is the Director of the Oklahoma Bar Association’s Management Assistance Program and is a recognized speaker on legal technology issues, Internet research, law office management, and legal ethics. In addition to running the Law Practice Tips blog, he writes articles for noted legal magazines, including Law Practice Management and Law Technology News.

Special thanks to our sponsors, PInow and SiteLock.

Craig Ball is a board certified trial lawyer, certified computer forensic examiner, law professor, and electronic evidence expert, who limits his practice to serving as a court-appointed special master and consultant in computer forensics and electronic discovery. He has served as the special master or testifying expert in computer forensics and electronic discovery in some of the most challenging and celebrated cases in the U.S.

Special thanks to our sponsor, PInow.

In this episode of the Digital Detectives, hosts Sharon Nelson and John Simek speak with Clark Hill PLC Of Counsel David G. Ries about data security, Mandiant’s M-Trends, and Verizon’s Data Breach Investigation Reports. David opens the interview with an explanation of what these reports are (summaries developed by security service providers on data breach trends during the past year) and talks about how they help to organize collected information for ease of use. He then analyzes the subtle differences between the two reports, like the way they define terms like data breach and security incident, and gives some insight into the ways each company acquires their data. David also covers the top three key findings provided by each report and gives examples of how this information can be invaluable to law firms seeking to shore up their security shortcomings. He closes the interview with his major takeaways from this year’s’ reports and tips for law firms on how this research can aid in strengthening your comprehensive cybersecurity program.

David G. Ries is of counsel in the Pittsburgh, Pennsylvania, office of Clark Hill PLC, where his practice includes environmental, technology, and data protection law and litigation.  He is a co-author of “Locked Down: Practical Information Security for Lawyers” (American Bar Association, 2016) and “Encryption Made Simple for Lawyers” (American Bar Association, 2015) and regularly speaks and writes nationally on cybersecurity topics.

In this episode of the Digital Detectives, hosts Sharon Nelson and John Simek chat with Nuix Chief Technology Officer Stephen Stewart about the Panama Papers, the world’s largest breach of information. Stephen explains that a law firm in Panama named Mossack Fonseca had 2.6 terabytes of information taken from them by an anonymous party, who then gave that information to the German newspaper Süddeutsche Zeitung (SZ). The leaked data contained 11.5 million items that consisted of roughly 5 million emails, 3 million databases, 2 million PDF files, and 1 million images. In an attempt to understand and further investigate the received data, SZ then contacted the International Consortium of Investigative Reporters (ICIJ). Stephen talks about what the ICIJ is (basically an international network that includes 165 investigative journalists over 65 countries) and how Nuix’s software was utilized to aid in the data analysis. The group discusses the authorities’ later raid on the law firm’s office and what evidence the digital forensics experts and financial analysts might be looking for. Stephen closes the interview with an summary of the practices that this breach sheds light on, like who the beneficiaries of offshore funds really are and what significant revelations might come from this particular breach.

Stephen Stewart joined Nuix in 2008 and is responsible for leading the evolution of Nuix’s software. He is currently driving the development of Nuix’s information governance and big data solutions. Stephen has more than 15 years experience working with both public and private sector organizations, designing and providing solutions for their email, file, document management and archiving systems.

In this episode of the Digital Detectives, hosts Sharon Nelson and John Simek sit down with LMG Security Founder and Senior Security Consultant Sherri Davidoff to discuss cyber security and the audits that are currently available for law firms. Sherri gets the conversation started by breaking down some of the more complex cyber security terminology into easy-to-understand language. The group then ponders factors, such as the loss of client data and law firms being hacked, that prompted this cultural shift within the profession and some of the elements that made it difficult for the industry to justify investing in cyber security until now. The focus then shifts to an analysis of the options available to law firms that are seeking to improve their security standards and ways to prepare lawyers to better interact with clients that might ask to see a firm’s cyber security audits. Sherri then caps off the conversation with a discussion of risk assessment, risk management, and how you present these plans to your clients.

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.

In this episode of Digital Detectives, Sharon Nelson and John Simek interview the American Civil Liberties Union’s Speech Privacy and Technology Project Director and principal legal advisor to Edward Snowden Ben Wizner about the legal battle between Apple and the FBI. Wizner begins by explaining The All Writs Act and how it’s being used to coerce Apple, the FBI’s potential objectives in making this request, and what dangers might be present if the FBI prevails. The conversation then shifts to the global implications for all tech companies if the the precedent is set that Apple must aid in helping the FBI get the contents of this phone and what that might mean for the national security of the United States of America – and the privacy of its citizens. Wizner then gives some insights into what it has been like to be the principal advisor for Edward Snowden and what the case has been like for him as a lawyer.

Ben Wizner is the Director of the ACLU’s Speech, Privacy & Technology Project. For nearly fifteen years, he has worked at the intersection of civil liberties and national security, litigating numerous cases involving airport security policies, government watch lists, surveillance practices, targeted killing, and torture. He appears regularly in the global media, has testified before Congress, and is an adjunct professor at New York University School of Law. Since July of 2013, he has been the principal legal advisor to NSA whistleblower Edward Snowden. Ben is a graduate of Harvard College and New York University School of Law and was a law clerk to the Hon. Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit.

In this episode of Digital Detectives, Sharon Nelson and John Simek interview FBI special agent and InfraGard coordinator Kara Sidener about the way InfraGard works and why lawyers and other law firm professionals should be interested in joining this two-way information sharing platform.

Topics include:

• The evolution of cybercrime
• The Department of Homeland Security, the FBI, and the private sector
• Who joins InfraGard
• How and why members are vetted
• Benefits for IT professionals trying to secure law firm networks
• Staying informed about clients’ intellectual property issues
• Proactive programming and cross-sector collaboration
• Free resource to provide info on terrorism and cyber threats

Kara Sidener is a special agent with the FBI and is currently serving as the InfraGard Coordinator for the Washington Field Office (WFO). Her 17 years with the FBI have all been in the Washington, DC area, having had assignments at WFO, FBI Headquarters, and the FBI Academy. Kara has experience in a number of areas including counterintelligence and cyber investigations, evidence response, instruction and training, and private sector outreach. Kara was a member of WFO’s Evidence Response Team and a first responder to the Pentagon on 9/11/01.

In this episode of Digital Detectives, Sharon Nelson and John Simek interview John Tredennick, the CEO of Catalyst Repository Systems, about his new book “TAR for Smart People,” what exactly TAR includes, and specific ways it has helped companies reduce discovery costs. Tredennick begins by explaining the three elements of TAR: teaching the computer algorithm, the algorithm orders review documents by estimated relevance, the lawyers decide what to do when the algorithm presents no more relevant documents. In other words, the computer algorithm continues to learn which documents are relevant to the case based on the current reviewers, and puts potentially important ones on the top of the pile, as it were. Tune in to hear Tredennick describe how this works using a Pandora metaphor, explain each project’s process, and discuss the increased effectiveness of what he termed TAR 2.0.

John Tredennick is CEO of Catalyst Repository Systems, which offers the world’s fastest and most powerful document repositories for large-scale discovery and regulatory compliance. Before founding Catalyst, he spent over twenty years as a nationally-known trial lawyer and litigation partner at a major national firm. He is the author or editor of five legal technology books including his latest, “Tar for Smart People,” which he co-authored with Bob Ambrogi.

In this episode of Digital Detectives, Sharon Nelson and John Simek discuss the digital forensics of the Paris attacks and the aftermath, including a surfacing argument about cryptic communication, the response from French, British, and American governments, and how Anonymous, the hacker group, has gotten involved. Beginning with a chronology of events, Sharon walks through the events of last Friday. Citing a BBC article published after the Paris attacks, the hosts analyze how the investigation involved traditional and technological means to gather information about the armed attackers and their whereabouts. In addition to fingerprints and DNA, the investigators used witness video footage, mobile phone triangulation, wifi networks, and IP addresses to correlate intelligence and quickly move in on the suspects. John explains how a comment made by Belgium’s Interior Minister about PlayStation 4 network encryption was misinterpreted and carried away by news media, engaging governments in discussions about legislation that could allow encryption backdoors. Is encryption really the problem and is more government control the solution?

Stay until the end of the podcast to hear about Anonymous’s war on ISIS and the hypocritical nature of ISIS’s use of social media.

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Bill Hamilton, executive director of the UF E-Discovery Project at the University of Florida Levin College of Law, about their use of the Catalyst practicum. They discuss the curriculum’s components, the program’s pedagogical design, and what this means for the future of e-discovery education in law schools.

Topics include:

• What a practicum is
• Digital evidence and students using e-discovery software
• Instructional videos, structured exercises, and quizzes with feedback
• Catalyst’s interest in education and their cloud-based platform
• Testing to strengthen retrieval capacity rather than as an assessment tool
• Applying the case law to concrete situations
• Grading process: low stakes testing and evaluation
• The need for law schools to provide more practical training

Bill Hamilton is the executive director of the UF E-Discovery Project at the University of Florida Levin College of Law. He teaches introductory and advanced e-discovery classes on campus and online.

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Mack about the history of ACEDS, why certification is important for e-discovery professionals, and future trends in e-discovery, information governance, and overall technological competence for lawyers.

Topics Include:

• Attorney specialist certification and marketing
• Teams and corporate training
• E-discovery AND forensics, information governance, technological competence…
• What’s happening with CLEs and in law school
• ABA Model Rule 1.1
• Functional and experience requirements for the certification test
• Why Mack moved from providing services/software to education

Mary Mack, executive director of ACEDS, has over a decade of leadership and hands on experience in the eDiscovery community. Mary most recently served in a leadership role for ZyLab, a global provider of e-discovery and intelligent information governance software. Before that, she was with Fios, Inc., a provider of e-discovery services to Fortune 1000 corporations and major law firms.

On March 2nd, 2015, The New York Times published a breaking story about Hillary Clinton, who used a private email account to conduct government business. Due to The Freedom of Information Act, many people questioned whether Clinton acted inconsistently with her federally mandated record keeping obligations. Furthermore, is this a wakeup call for companies and governmental entities who are not controlling shadow IT, the practice of employees using private devices and softwares at work?

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Jason R. Baron, of counsel to Drinker Biddle & Reath, LLP and co-chair of The Information Governance Initiative, about the Hillary Clinton controversy and the future of Shadow IT, BYOD, and information governance.

Topics Include:

• Federal records collection and keeping policies
• Unmarked classified information on Clinton’s private server
• Federal, state, and other public figures using personal email for public purposes
• Shadow IT and BYOD policies for companies and governmental entities
• The bigger picture of big data and information governance
• Whether Clinton’s actions were legal

Jason R. Baron is of counsel to Drinker Biddle & Reath, LLP, practicing in their Information Governance and eDiscovery Group, and is co-chair of The Information Governance Initiative, a think tank and vendor neutral consortium. Previously, he served as director of litigation at the National Archives and Records Administration, and as a trial attorney and senior counsel at the U.S. Department of Justice.

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 dollars globally by 2019. Because of this, a new market of data breach practice groups has emerged to assist with e-discovery, information governance, data security, and preparation for high-risk technological emergencies. In light of this, what should your law firm or company do to prepare for one of these potentially imminent situations?

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Martin Tully, co-chair of Akerman LLP’s Data Law Practice, about why his firm decided to implement a data breach law group, how data security fits in with current e-discovery and information governance practices, and what every company should include in an incident response plan.

Topics Include:

• “Data Law”: e-discovery, information governance, and data security consulting
• Increased client demand for legal technology services
• Strategic partnerships between legal and technical professionals
• Company interests: preparation for data loss, litigation, and government inquiry
• How to proceed during “the upchuck hour”
• Reasons for the increase in data breaches
• Who and what should be involved in the incident response plan
• Simulated data breach exercises
• A lack of data security in many law firms

Martin T. Tully is a partner with the Chicago office of Akerman LLP. He is veteran trial lawyer with more than two decades of experience representing domestic and multinational companies in a variety of complex commercial litigation matters. As the co-chair of Akerman’s Data Law Practice, Martin also focuses on keeping clients ahead of the curve regarding the developing law, technology and best practices related to e-discovery, information governance and data security.