Data & Information Security Podcasts - Legal Talk Network

Scams: What to Look Out For, Recovery, AI, and How to Protect Yourself

Ally Kvidt — Fri, 01 Aug 2025 11:00:57 +0000

From VA Imposter Scams to “Free Piano” Scams, scammers will stop at nothing to lure you in and take your money. With the introduction of AI into our everyday lives, scammers have used this as a tool to deceive individuals, leaving victims penniless or even stealing their identity. So how do you identify a scammer? And is there anything legally you can do to stop them?

In this episode, Craig welcomes Steve Weisman, a nationally recognized expert in scams, identity theft, and cybersecurity as well as a lawyer, college professor, and prolific author. Together, Craig and Steve discuss scams, what to look out for, how to navigate through a scam, recovery, AI & scams, and how to protect yourself from these various scams.

The Explosion of E-Discovery

Ally Kvidt — Tue, 10 Jun 2025 11:00:50 +0000

E-discovery is one of the hottest areas of litigation today. AI chats, Slack and social media, and confidentiality concerns are big news. As the field advances, it’s becoming increasingly important that legal professionals understand not just how to manage their own team’s data, but also what to ask for in discovery.

Guest Nicole Gill, author of Best Practices for E-Discovery: A Practical Handbook (American Bar Association), explains how new sources of digital data emerge almost daily and how rules of collecting and preserving data trails, as well as data generated by AI chatbots, are constantly evolving. You need to stay up to date or you’ll be left behind.

Knowing how to broadly expand your discovery requests can be crucial. It’s every attorney’s duty to understand the digital environments where important information, records, and communications live (and sometimes hide). Snapchat, WhatsApp, Facebook, and Slack are changing the way your own clients, and any subject of discovery requests, communicate. What must be preserved and what can be reviewed? And how are countries outside the United States (including China and the EU) managing data and privacy?

Plus, a quick tip from guest Lindsay Polega as she explores the value of taking on pro bono work. It can be hard to take a full-time job fighting for justice. Those jobs don’t pay well, and many attorneys are wrestling with overwhelming student loans. But you can still do good by taking on some pro bono work, helping others while getting back to the ideals that got you into the field of law.

Resources:

Slack

Snapchat

ChatGPT

Thomson Reuters CoCounsel

American Bar Association

American Bar Association Litigation Section

What Should You Do with Your Old Law Firm Computers? – ABA TECHSHOW 2025

Ally Kvidt — Tue, 08 Apr 2025 18:00:00 +0000

Not all used law firm computers have to end up in a landfill! PCs for People can take your retired computers, securely delete old data, and refurbish them for low income households. Zack Glaser talks with Loren Williams about PCs for People’s mission to provide technology access to those in need. They discuss the processes involved in ensuring data security in their operation and explain how your law firm can donate to this eco-friendly, community-serving program at facilities all over the country.

Learn more at www.pcsforpeople.org.

Loren Williams is Regional Account Manager at PCs for People, a nonprofit social enterprise that specializes in secure and environmentally friendly IT recycling.

‘Watchdogs’ author has no regrets about choosing civil service over the NBA

Ally Kvidt — Wed, 06 Nov 2024 12:00:35 +0000

Glenn Fine’s career-long crusade against corruption might have its roots in his college days. As a point guard for the Harvard basketball team, Fine had his personal best game on Dec. 16, 1978, the same day he interviewed for–and received–a Rhodes scholarship. He put up 19 points against Boston College, including eight steals, and the team nearly eeked out a win against the favored Boston players. A remarkable day.

What Fine would later discover was that mobsters had bribed Boston College players to play worse to keep the game tight and not cover the point spread. Henry Hill and Jimmy Burke–later portrayed by Ray Liotta and Robert De Niro in the movie Goodfellas were part of the point-shaving scheme.

Fine would later be drafted in the 10th round of the NBA draft by the San Antonio Spurs, but it was the anti-corruption law that stuck, not basketball.

Fine took a job out of law school as a prosecutor in Washington, D.C., and joined the Office of the Inspector General at the Department of Justice in 1995. He would go on to serve as Inspector General at the DOJ from 2000 to 2011, then at the Department of Defense from 2015 until 2020. He was one of the five inspectors general fired by then-President Donald Trump in what the Washington Post referred to as the “slow-motion Friday night massacre of inspectors general.”

But what do inspectors general do? It’s a question Fine wants to answer with his book, Watchdogs: Inspectors General and the Battle for Honest and Accountable Government. In this episode of the Modern Law Library, Fine and the ABA Journal’s Lee Rawles discuss the function, history and importance of the position, along with ways Fine believes government oversight can be improved.

As of the book’s publication in 2024, there are 74 inspector general offices at the federal level, with more than 14,000 employees. As the IG for the Department of Defense, Fine oversaw the largest office, with some 1,700 employees. Inspectors general conduct independent, non-partisan oversight investigations into waste, fraud, misconduct and best practices, and deliver their reports and recommendations to Congress and the agencies involved. The IGs cannot enforce the adoption of recommendations, but their work acts as the “sunshine” for disinfection, Fine says.

One major recommendation Fine makes in Watchdogs is that an inspector general be established for the U.S. Supreme Court and the federal judiciary, who could perhaps file their reports to the chief justice or the head of the Administrative Office of the U.S. Courts. Fine points to judicial ethics concerns and polls finding public trust in the Supreme Court at historic lows, and argues one way to increase public trust is through the transparency provided by an inspector general.

Also in this episode, Fine offers advice for anyone considering a career in public service. Rawles and Fine discuss stories of his own investigations, including evaluating the claims of a whistleblowing scientist at the FBI laboratory and looking into how the infamous double-agent spy Robert Hanssen was able to fool his FBI superiors and pass intel to Soviets and Russians.

EP 518- Conversation with Ed Herman Part 2

Ally Kvidt — Wed, 02 Oct 2024 11:00:15 +0000

Should business decisions in your firm be driven by data or experience or both? Ed Herman explains the nuts and bolts of growing a firm and the importance of intake.

A Rising Attorney’s Career in Data Protection

Ally Kvidt — Thu, 19 Sep 2024 11:00:53 +0000

Everybody wants your data, from companies to hackers to governments. Guest Lexi Lutz is senior corporate counsel, and privacy watchdog, at Nordstrom. She advises the company on the legal implications of AI, cybersecurity, privacy, and data protection. As computers get smarter and capabilities expand, it’s more important than ever to maintain legal guardrails and understand potential pitfalls.

Lutz starts with keeping up with the slew of developing state privacy laws and international regulations. Corporations handle massive amounts of data, much of it confidential. Privacy disclosures, terms of service, customer service, data breaches, and transparency are all factors. It’s a lot for any legal team to manage, and the field is only getting bigger.

Hear how Lutz got her start in corporate data and privacy law, how she approaches her duties, and how she helps the rest of the corporation understand where the vulnerabilities and minefields lie.

As a lawyer, you understand your duty to maintain confidentiality. But as computing capabilities surge, and in the murky and evolving world of AI, there’s a growing need for attorneys who understand and stay on top of lurking challenges to privacy and data security. Everything from massive customer database hacks to simply sending an email using a coffee shop’s WiFi can create data security issues. (And Lutz reminds us, change your passwords frequently).

Resources:

Microsoft Outlook email encryption

Google Gmail encryption

“Twenty Years Ago, AIM Chatbot SmarterChild Out-Snarked ChatGPT,” TechCrunch

ChatGPT

“’She Hooked Me’: How an Online Scam Cost a Senior Citizen His Life’s Savings,” Wall Street Journal

Justin S. Daniels at Baker Donelson, videos

American Bar Association

American Bar Association Young Lawyers Division

Fresh Voices on Legal Tech with Amy Conroy

Ally Kvidt — Fri, 06 Sep 2024 14:30:06 +0000

Amy Conroy has found that communicating the “why” behind data science is critical to helping lawyers understand and appreciate what role it can play in legal practice. Dennis and Tom welcome Amy to discuss her expertise in data, legal AI, and many other aspects of legal technology. Amy shares insights on problem-solving tactics for everyday tasks, the rise of data-driven legal practice, collaboration tools, and much more.

As always, stay tuned for the parting shots, that one tip, website, or observation you can use the second the podcast ends.

Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for the answers to your most burning tech questions.

Show Notes – Kennedy-Mighell Report #372

A Segment: Fresh Voices on Legal Tech with Amy Conroy

Law School 2.0

Mishcon de Reya

B Segment: More with Amy Conroy

Parting Shots:

Jurors: Every Breath You Take, Every Move You Make, They’ll Be Watching You

Ally Kvidt — Tue, 23 Apr 2024 11:00:31 +0000

Litigators are used to being in front of a jury. But have you ever wondered what it’s like to be a member of that jury? What are jurors watching? What do they notice? Guest Chauntis Jenkins-Floyd, an experienced litigator, recently served on a jury. And what she learned as a juror is eye opening.

Like most of us, Jenkins-Floyd has been summoned for jury duty and dismissed each time. But this time was different. In this episode, she describes her experiences in the selection process, intake, and deliberation.

Jenkins-Floyd took it all in. She learned about the jobs and childcare pressures jurors have. She saw what happens in the jury room. “All of my senses were tingling. As a trial lawyer, I never get to see this part,” she explains. What she learned will change how you present your next case.

Hear how important your moves are to a jury, starting the moment you enter the courtroom. Eye contact, body language, and even where people sit. Everything matters. How prepared and confident do you look? How friendly and comfortable are you with your client? Jenkins-Floyd explains what jurors are watching. How you ask questions, starting with voir dire, sets up jurors and helps them subconsciously put themselves in your client’s shoes, even without saying it. Jurors watch and see everything you do. Get an inside peek.

Resources:

American Bar Association

American Bar Association Litigation Section

The AI Software Landscape for Lawyers; AI in E-Discovery with Cat Casey

Ally Kvidt — Fri, 12 Apr 2024 18:00:00 +0000

So much of our communications and societal existence is housed online, so e-discovery is the major way we gather evidence. Jared talks with Cat Casey about the AI spectrum within the e-discovery world, explaining the many ways varying elements of machine learning and AI have created more powerful tools for attorneys. They also discuss the promising future of AI in e-discovery and the legal profession.

This time on the Rump Roast, Jared quizzes Cat on cat-themed song lyrics. Is Cat an expert on feline musical appearances? We shall see.

Everybody keeps asking about AI, so Jared’s delivering! There are quite a few budding AI softwares tailor-made for attorneys, so what tools are worth your attention? Jared reminds everyone—lots of the things you already use have had AI baked in for a long time, so use it. Security is important, folks, so picking vetted technology over an unknown/free tool could definitely keep it from coming back to bite you in your ethically questionable ass.

Cat Casey is Chief Growth Officer at Reveal Brainspace, helping lead innovation and direction for their legal technology solutions.

Since you’re listening to Cat on the mic this episode, the logical next step is to listen to this cat inspired playlist.

Our opening track is Two Cigarettes by Major Label Interest.

Our closing track is Banksy by Lunareh.

Links Mentioned:

Users keepers: Pirates, zombies and adverse possession

Ally Kvidt — Wed, 10 Apr 2024 11:00:38 +0000

“Trespassing plus time equals adverse possession,” Paul Golden writes in his new book, Litigating Adverse Possession Cases: Pirates v. Zombies. When someone has occupied or used a piece of property as though they own it for long enough, a court could determine that they are the rightful owner—regardless of what the paperwork says. It’s a concept more popularly discussed as squatter’s rights.

In this episode of The Modern Law Library, Golden speaks with the ABA Journal’s Lee Rawles about the ancient concepts underlying modern adverse possession law; some quirky state laws; and why societies would allow land to be transferred in this way. They also discuss how the plain meaning of terms like “hostile” are changed when used in adverse possession cases, and Rawles raises a hypothetical—taken from real life—of a neighbor’s crooked fence.

During Golden’s first appearance on The Modern Law Library, he explained how the lack of a written contract could be navigated by a savvy lawyer. In his new book, Golden guides attorneys and their clients through the finer points of arguing for and against adverse possession claims. He shares some of the errors he’s seen pop up in adverse possession cases, and offers advice for how to avoid common pitfalls.

Modern Law Library listeners have been given a promotional discount code for Litigating Adverse Possession Cases: Pirates v. Zombies through May 10, 2024. For 20% off, go to the ABA’s online shop and enter LAPC2024 at checkout.

Legalweek 2024: Discovery Case Law Updates

Ally Kvidt — Fri, 09 Feb 2024 16:30:39 +0000

The past year brought yet more happenings in discovery with shifts in technology and communication creating new challenges. To examine the newest case law and outline upcoming cases, panelists David Horrigan, Scott Milner, Jessica Tseng Hasen, Justice Tanya Kennedy, and Nirav Shah discuss highlights from their session. They explain the latest updates, emphasize the importance of tech competence, and discuss notable cases’ impacts on data law.

David Horrigan is Relativity’s discovery counsel and legal education director.

Scott A. Milner is a partner at Morgan Lewis & Bockus.

Jessica Tseng Hasen is Senior Counsel at Perkins Coie LLP.

Justice Tanya Kennedy is an Associate Justice of the Appellate Division, First Department of the New York State Supreme Court.

Nirav Shah is the eDiscovery Manager for The Home Depot.

EP 452- Discovery Abuse with Ferne Wolf Part Two

Ally Kvidt — Wed, 20 Dec 2023 12:00:52 +0000

In Part Two of our discussion with Employment Law Attorney Ferne Wolf, we take an in-depth look at rule 30B6, issues regarding designating corporate witnesses and how to handle refusals to disclose insurance coverage.

AI And The Evolving Security Threats (And Protections)

Ally Kvidt — Thu, 14 Dec 2023 12:00:19 +0000

The world is changing, technology is changing, and the threats to your private files and security are changing. The evolution of AI is making it hard to keep up.

But don’t lose hope. It’s been a while since we’ve had IT expert Adam Alexander with us, but he’s back with more tips for solo practitioners and small practices. Alexander and his firm, InterNetwork IT, help attorneys identify, deploy, and manage security solutions and keep firms running efficiently.

AI is shaking up everything. We’ll talk about Microsoft AI “Copilots” and how Microsoft is integrating AI into your entire PC experience. You’ll be surprised at how this combination works for both Windows and Macs.

Learn how to check security settings. Breaches are real and can be costly. Hear why it’s so important (and easy) to back up your files offsite

We’ve seen some tremendous tools in both productivity and security. If you aren’t keeping up, you might be missing out on some time saving hacks (even a way to convert handwriting to text built into your Snipping tool). Get the scoop on this episode of New Solo. .

Got questions or ideas about solo and small practices? Drop us a line at NewSolo@legaltalknetwork.com

Topics:

AI is changing a lot, including the simplest tasks. In our latest tech talk, dive into AI products that plug right into your web browsers.
Why file security is so important (and protecting your files is easier than you think … if you pay attention).
Some daily activities require specific security efforts, including Payment Card Industry (PCI) security and even, if you work with medical information, HIPAA security. But you can do it.

EP 451- Discovery Abuse with Ferne Wolf Part One

Ally Kvidt — Wed, 13 Dec 2023 12:00:40 +0000

Have you noticed more attorneys objecting to written discovery? Why? In this three-part discussion, Employment Law Attorney Ferne Wolf examines how the rules of professional conduct overlap with the civil rules regarding written discovery, and offers rules you can use to keep the process moving.

Inside Art Law: Art Restitution, Stolen Art, & AI

Ally Kvidt — Fri, 10 Nov 2023 12:00:06 +0000

According to the Georgetown Law Library, Art Law can be defined as “the body of law, involving numerous disciplines, that protects, regulates and facilitates the creation, use and marketing of art. Those involved in the practice of art law look to a variety of disciplines, such as intellectual property, contract, constitutional, tort, tax, commercial and international law to protect the interests of their clients.”

In this episode, host Craig Williams is joined by guests, attorneys Gabrielle C. Wilson & Yaél M. Weitz from Kaye Spiegler, as they spotlight art law. They will discuss the emerging trend of colonial art restitution, stolen and misappropriated art, and how AI has impacted art and copyright law.

Litigation Support Skills, eDiscovery, And Advancing Your Career

Ally Kvidt — Thu, 19 Oct 2023 11:00:31 +0000

Guest Cheryl Garner, CEDS, walks through not only becoming a better paralegal, but pursuing higher career goals, earning credentials, and specializing in eDiscovery and litigation support. She’s a litigation manager overseeing her firm’s eDiscovery program, educating attorneys and colleagues on best practices, and staying abreast of the latest trends. Litigation paralegal professionals play a key role in law firm operations.

Successful paralegals are comfortable with technology and embrace every opportunity to learn. Today’s top litigation paralegals are eDiscovery pros.

Negotiating with vendors, establishing rates, managing operations, and freeing up attorneys to focus on legal strategy with the assurance that the foundations are strong are all part of a paralegal’s role in litigated cases.

The skills and demands are always changing and evolving. Preservation, data collecting, and presenting evidence at trial have changed as the legal world shifts from boxes of paper records to electronic documents, emails, and eDiscovery. Tech skills and expertise with digital review platforms are table stakes in this new environment. Learn to uncover opportunities to advance your skills and career.

Disaster Preparedness and the Legal Needs of Survivors

Ally Kvidt — Tue, 12 Sep 2023 15:00:14 +0000

Experts discuss disaster preparedness and the role of civil legal aid in recovery on LSC’s “Talk Justice” podcast. September is National Disaster Preparedness Month. Since 2022 the federal government has issued more than 75 major disaster declarations across the U.S. and its territories. Yet even with the increasing frequency and ferocity of natural disasters, the overwhelming majority of Americans are unprepared if disaster strikes.

Generative AI and ChatGPT: Why the Legal Industry Needs to “Brace for Impact”

Ally Kvidt — Thu, 20 Jul 2023 11:00:38 +0000

We all know generative AI is making significant waves all over the world, but lawyers need to take a hard look at its implications in the law and their own legal practice. John Simek and Sharon Nelson welcome Doug Austin to discuss AI technologies and their impacts on attorneys. They cover notable legal cases, new ABA resolutions, the latest AI trends in legal practice, and much more.

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.

How GPT and other large language models could change e-discovery

Ally Kvidt — Wed, 19 Jul 2023 11:00:42 +0000

When technologically assisted review first started gaining traction in e-discovery in the 2010s, many of the same superlatives assigned to ChatGPT were used to describe this groundbreaking new process that purported to review documents faster and more accurately than humans. Lawyers would get hours and hours of time back, and clients would save tons of money.

eDiscovery: Not just for large firms!

Ally Kvidt — Thu, 25 May 2023 11:00:54 +0000

Take a deep dive into eDiscovery for small and midsized firms with an old friend and frequent New Solo contributor, guest Brett Burney, a lawyer and longtime consultant who’s passionate about legal tech. Facing a mountain of electronic documents from PDFs to spreadsheets to emails to texts in discovery? You don’t need to be an expert, but you do need to understand the basics, the traps, and the available tools.

Start by accepting that electronic files aren’t paper files. They are inherently different and aren’t meant to be printed out. Embrace the format and treat electronic documents as what they are. If you print electronic documentation out, or you accept a printed version, you’re not getting the full picture, and you’re letting potentially valuable information slip through your fingers.

It’s a digital world, and litigation is more likely than ever to include emails, smartphones, voice mails, social media posts and comments, and texts.

If you’ve been wondering if you’re doing the best job possible with eDiscovery, this is the episode for you.

Got questions or ideas about solo and small practices? Drop us a line at NewSolo@legaltalknetwork.com

Topics:

Electronic discovery (eDiscovery) involves electronic files that are inherently different than paper discovery. What you need to know and mistakes you may be making.
Metadata included in electronic documents can offer valuable clues that help you prepare your case, but it’s easy to contaminate that data.
Understand the available tools that organize, preserve, and prepare digital evidence, including extracting text messages, voice memos, and emails from smartphones and tablets.

E-Discovery Disrupted by the AI Revolution

Ally Kvidt — Thu, 20 Apr 2023 11:00:00 +0000

The world’s ever-growing tsunami of digital data creates a huge need for technology capable of filtering it for modern e-discovery processes. So, what’s the best tool for the job? Sharon Nelson and John Simek talk with Andy Wilson about why AI is perfectly equipped to deal with massive data sets, saving people the time (and tedium) historically associated with discovery. Andy discusses current uses of AI in e-discovery and goes on to explain its applications in redactions, legal holds, audio review, transcriptions, and much more.

Andy Wilson is co-founder and CEO of Logikcull.

Solo, But Not? Shared Office Space (Plus, Chatbots and A.I.)

Legal Talk Network — Thu, 30 Mar 2023 16:00:31 +0000

For solos sharing office space with other attorneys, there are advantages, but also potential headaches. How do you navigate this arrangement?

Guest Jared Correia is a podcaster, lawyer, and full-time business management consultant, sort of the lawyer you know who knows how to run a business. For clients, he digs into law firm management from the very high-level strategy to the nuts and bolts of tech and daily operations.

Shared offices create issues with malpractice insurance, shared practice management software, and clearly communicating your solo status while working in what to a client may appear to be a firm.

Plus, the important distinctions between website chat capability, automated chatbots, and the emergence of true artificial intelligence such as ChatGPT. Learn where each product can fill gaps in your practice and turn leads into clients. Tech that may make your solo practice work like a larger firm.

Got questions or ideas about solo and small practices? Drop us a line at NewSolo@legaltalknetwork.com

Topics:

Practice management problems attorneys in a shared office space encounter.
Incorporating online chat and chatbots on your website, capture more leads.

And where does the latest – ChatGPT artificial intelligence – fit?

ITRC’s 17th Annual Data Breach Report Reveals Near-Record Number of Breaches

Legal Talk Network — Fri, 24 Feb 2023 12:00:09 +0000

Cyber attacks are almost entirely responsible for today’s data breaches, and, increasingly often, the details of these breaches are vague—leaving security experts with a growing list of questions. Sharon Nelson and John Simek talk with James Lee about the Identity Theft Resource Center’s latest Data Breach Report. They discuss current trends, the challenges of nebulous data breach notices, and what all organizations should be on the lookout for in the coming year.

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

It’s a Good Time for a Cybersecurity Checkup

Legal Talk Network — Fri, 20 Jan 2023 12:00:44 +0000

There’s no “set it and forget it” for your law firm’s cybersecurity. Effective security is a continuing process, and the start of a new year is a great time to see how your firm is doing. Sharon Nelson and John Simek talk with David Ries about how to give your firm a cybersecurity checkup. They outline what lawyers need to include in their assessment and where to find reliable information on the latest security tools, training, resources, and statistics.

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.

Holidays and Weekends: Prime Time for Cyberattacks

Legal Talk Network — Thu, 15 Dec 2022 19:18:56 +0000

Cyber criminals aren’t taking time off for the holidays. In fact, Sharon and John had a surprise Thanksgiving morning when they learned that hackers had attacked their own company over 400 times throughout the night. Thankfully, their security wasn’t breached, but this experience highlighted for them once again the increased risk we all face as the holiday season approaches. To keep you from getting the gift of ransomware for Christmas, Sharon and John give a comprehensive overview of ways to recognize suspicious activity and combat cyber attacks.

Backups For Your Law Firm – Recovering from Human Error, Disasters, Hackers, and More

Legal Talk Network — Mon, 12 Dec 2022 16:00:12 +0000

Lawyers spend a lot of time gathering data and creating content in the course of legal practice, and losing that data could prove disastrous or even catastrophic to their firm and clients. Molly Ranns and JoAnn Hathaway talk with John Simek to learn about the types of backups all attorneys need for preserving and recovering information. They discuss the many scenarios lawyers should be prepared for and John outlines best practices for the different types of data lawyers handle on a daily basis.

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

What Constitutes Ethical Cybersecurity for Law Firms Today?

Legal Talk Network — Thu, 20 Oct 2022 11:01:52 +0000

Rapid changes in cybercrime and the security that keeps it at bay have left many lawyers’ heads spinning. With so much continuous change, how do you keep up with ethical cybersecurity needs for your firm? To help lawyers understand current best practices, Sharon Nelson and John Simek talk through the must-have measures legal ethicists deem essential for all law firms and offer tips for finding cyber-insurance at an affordable price.

ILTACON Roars Back in 2022 – Here’s What You Missed

Legal Talk Network — Thu, 29 Sep 2022 11:01:15 +0000

ILTACON’s peer-driven approach strives to provide a unique experience for the legal industry with its heavy focus on education and attendee involvement. Sharon Nelson and John Simek welcome Doug Austin to debrief on ILTACON 2022. They cover highlights, lowlights, and how the conference stacks up against other legal tech events.

Securing the Unstructured Castle: Protecting Your “Dark Data”

Legal Talk Network — Tue, 27 Sep 2022 11:00:13 +0000

Every attorney knows to lock client secrets behind sophisticated cybersecurity. But as guest Rich Hale explains, the data that’s hiding in plain sight, “Dark Data,” is just as important to your client relationships and your reputation.

After this important episode, you’ll want to look around your office. What do you see? Passwords taped to keyboards, thumb drives and scribbled notes left on desktops overnight, email exchanges that keep expanding as more people are looped in? Protecting that data both from thieves and ransomware attacks is every bit as crucial as your clients’ secret formula or business plans.

As chief technology officer for the data security firm ActiveNav, Hale is surprised how many organizations are swimming in unsecured Dark Data. Just because you aren’t hearing about a security breach at a small law firm doesn’t mean it’s not happening daily. Learn to shine a light on your Dark Data. This may be one of the most eye-opening podcasts you listen to this year.

Law Firms Stunned by Cyber Insurance Premiums, Security Requirements, and Exclusions

Legal Talk Network — Thu, 22 Sep 2022 11:01:05 +0000

In August, Lloyds of London announced that beginning in 2023 all of its insurer groups will exclude “catastrophic” state-backed attacks from their cyber insurance policies. And, unfortunately, this is just one of many on a growing list of potential exclusions for insurers worldwide, even though premium prices have continued to climb. So, is cybersecurity still worth it? Sharon Nelson and Jim Calloway talk with John Simek about the elements driving these shifts and what you need to know to make the best choices for your law firm.

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

Advice for Law Firms from a Data Breach/Privacy Lawyer

Legal Talk Network — Thu, 28 Jul 2022 10:59:51 +0000

Studies show that over 70% of people haven’t the foggiest idea who to call first when they discover a data breach. If you’ve just realized you’re one of them, tune in! John Simek and Sharon Nelson talk with cybersecurity lawyer Beth Waller about what lawyers need to know about data breach response and how to have a proactive, compliant cybersecurity plan.

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

The Internet of Things is Watching You

Legal Talk Network — Fri, 01 Jul 2022 11:00:15 +0000

Billions of devices are now internet-connected and collecting data at a prodigious rate, and there seems to be no end to the development of smart things we didn’t know we needed. With data being collected by everything from your refrigerator to your toothbrush… is your privacy at risk? Dennis and Tom discuss how internet of things devices track information about us, how to live life with that in mind, and what new and existing privacy laws do to give us an understanding of the extent of data-gathering going on around us.

Later, it’s been quite a few years now, but how much do you really know about what Dennis and Tom do in the real world? They guys each give an update on their professional lives and current projects.

As always, stay tuned for the parting shots, that one tip, website, or observation that you can use the second the podcast ends.

Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for the answers to your most burning tech questions.

How Secure is Your Law Firm’s Data?

Legal Talk Network — Thu, 23 Jun 2022 10:59:04 +0000

Unfortunately, data breaches are becoming a ‘when’, not ‘if’, scenario, but a proactive data protection strategy will definitely help! Sharon Nelson and John Simek talk with Peter Baumann about what businesses should do to get ahead of threat actors and develop effective responses to breaches. They discuss the risk distinctions between structured and unstructured data, talk about lawyer-specific data considerations, and explain how to assess your security needs and get the right tools for the job.

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

Data Privacy Concerns for Legal Services Providers

Lisa Kirkman — Tue, 31 May 2022 03:05:57 +0000

As the justice system continues to digitize, more data is collected and accessible. This information is often a record of some of the darkest hour. The panel of privacy and data security experts discuss how the shift from paper file storage trades risks to losing the hard copies for unpredictable risks to loss of personal privacy and data being used in unexpected and potentially harmful ways long after their legal issue is resolved.

The speed of innovation in data collection is outpacing the creation of data policies and cybersecurity practices. What are the additional implications to under-served and marginalized communities?

Cyber Insurance for Law Firms: Skyrocketing Prices and Less Coverage

Legal Talk Network — Thu, 26 May 2022 10:59:34 +0000

If you’ve struggled to afford cyber insurance, you’re not alone. In the past year, prices rose by 30 to 40 percent, and some law firms, especially solos and smalls, were forced to cancel or downgrade coverage in the wake of sudden price hikes. Additionally, inadequate cybersecurity in a firm may lead to a denial of coverage altogether. So, what’s going on? Sharon Nelson and Jim Calloway talk with Judy Selby to get a handle on the rapid changes in the cyber insurance industry and what firms should do to maintain coverage in this difficult market.

Judy Selby is a partner at Kennedys and a member of their global cyber team. She primarily serves as cyber coverage and monitoring counsel to insurers.

Revealing Stats from the 8th Annual BakerHostetler Data Security Incident Response Report

Legal Talk Network — Thu, 19 May 2022 11:01:44 +0000

Avoiding a data breach should be amongst your top priorities, and understanding threats and causes helps you improve your preventative measures. Sharon Nelson and John Simek welcome back Craig Hoffman to unpack the findings of BakerHostetler’s 2022 DSIR Report. They outline the security mishaps that just won’t go away; talk about ransomware and companies’ interactions with “reliable” vs. “unreliable” threat actors; discuss the enhancement of security through training, training, training; and much more.

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.

Cybersecurity: A Lawyer’s Ethical Duty to Read the News

Legal Talk Network — Thu, 17 Mar 2022 15:30:57 +0000

Lawyers need to stay up on cybersecurity news to understand both the current threats and the mistakes made by others. Failure to keep up could eventually result in a breach! Sharon Nelson and John Simek discuss this topic with Lucian Pera to learn more about lawyers’ ethical responsibilities for technology and cybersecurity competence and why failures could result in a lawyer facing disciplinary action.

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.

ITRC’s 2021 Data Breach Report: Sobering Stats

Legal Talk Network — Thu, 17 Feb 2022 13:00:55 +0000

The overall number of data compromises is up 68% over 2020. Now, more than ever, attorneys must take action to protect themselves and their law firms. John Simek and Sharon Nelson welcome James E. Lee of the Identity Theft Resource Center to discuss the findings of his organization’s 2021 Data Breach Report. James discusses common root causes of data breaches and explains how prevention tactics and data security services can help lawyers avoid and/or deal with a data compromise.

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

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

Law Firms, Take Notice: The US is Cracking Down on Ransomware Gangs

Legal Talk Network — Thu, 16 Dec 2021 15:00:02 +0000

Our government has been earnestly campaigning against ransomware and cybercriminals — seizing cryptocurrency, offering bounties, and issuing frequent alerts. Sharon Nelson and John Simek talk with Ariel Parnes about the tactics involved in this war on ransomware, implications for lawyers, the importance of constant vigilance during the holidays, and who to call if you’re the victim of an attack.

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.

How an e-discovery platform has evolved to meet the new challenges facing clients

Legal Talk Network — Wed, 15 Dec 2021 12:00:59 +0000

AJ Shankar, the founder and CEO of e-discovery platform Everlaw, likes to say his company’s technology is designed to help clients find needles in a haystack. But he notes that the haystacks that law firms and corporate in-house teams have to confront have grown in size and complexity in recent years. This has prompted cloud-based Everlaw to enhance and broaden its e-discovery offerings.

Special thanks to our sponsors, Alert Communications and Smokeball.

Why are Businesses, Including Law Firms, So Vulnerable to Ransomware?

Legal Talk Network — Thu, 18 Nov 2021 13:00:28 +0000

The stats are in, and law firms are truly ill-equipped to combat ransomware. So, what should they do? Sharon and John welcome David White of Axio to talk about his company’s 2021 State of Ransomware Preparedness Report. David talks about their key findings and offers a back-to-basics approach that helps lawyers and law firms take steps to prevent cyber attack.

David White is president and co-founder at Axio.

Special thanks to our sponsors CaseFleet and PInow.

The SANS Institute and Cybersecurity Careers

Legal Talk Network — Thu, 21 Oct 2021 14:00:58 +0000

More than half a million jobs in cybersecurity go unfilled each year, showing a major need for more individuals to enter this ever-growing field. Think you might be up to the challenge? John and Sharon talk with Rob Lee about training available through the SANS Institute and the current hottest areas in the profession. Rob also offers recommendations, both for young people hoping to orient their college education toward cybersecurity and professionals looking to make a career shift into the field.

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

Special thanks to our sponsors CaseFleet and PInow.

Planning Your Cybersecurity Budget for 2022

Legal Talk Network — Tue, 28 Sep 2021 14:00:34 +0000

Prevention is key when it comes to cybersecurity, and lawyers simply can’t afford to skimp on security technologies. Sharon and John talk with expert Sherri Davidoff about growing cyber threats and the changing nature of attack tactics. They discuss the impacts of these new developments on lawyers and law firms and chat about how to prioritize security measures, reduce your risks, and create a budget plan that addresses all your cybersecurity needs.

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.

Narnia Kicks Ass; eDiscovery 101; and “The Heat Index”

Legal Talk Network — Tue, 24 Aug 2021 08:00:20 +0000

Religious allegory might seem like an odd topic for Jared, but, the truth is – C.S. Lewis is just plain splendid. And even a crass iconoclast can fall in love with Narnia. Tune in for Jared’s reflections on this favorite childhood series, along with his recommendations for several of Lewis’ other works.

Next up, Jared welcomes Shree Sharma to discuss how eDiscovery has changed over the past decade and what lawyers need to know about its current best practices.

Last, in honor of this super-hot summer, Jared and Shree Sharma play yet another new game, “The Heat Index,” featuring a variety of temperature-related trivia.

Shree Sharma is vice president of business development at HaystackID.

With how damn hot it is, we’ve just decided to embrace it. This week’s playlist has some songs that are scorching.

Our opening track is Two Cigarettes by Major Label Interest.

The music for the Legal Trends Report Minute is I See You by Sounds Like Sander.

Our outro music is He Said, She Said by Dr. Delight.

Special thanks to our sponsors TimeSolv, Clio, Scorpion, and Alert Communications.

Safe Shopping on Black Friday

Legal Talk Network — Fri, 27 Nov 2020 20:00:11 +0000

Black Friday has arrived! And Linn Foster Freedman from Robinson and Cole is here to help you safe-shop this holiday season while keeping your data secure.

Ransomware Surges: What Law Firms Need to Know

Legal Talk Network — Thu, 19 Nov 2020 15:00:23 +0000

Throughout 2020, ransomware has increased rapidly in both the number of incidents and the ransom amounts paid, and current data shows no foreseeable slowdown. As these ransom demands continue to surge, what do lawyers need to know if they fall victim to an attack? Digital Detectives Sharon Nelson and John Simek talk with Ted Kobus about how threat actors in these incidents typically operate, what usually happens to ransomed data, and what law firms should do and not do in the event of an attack.

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

Special thanks to our sponsor PInow.

“Zooming” Into 2021 with Audio/Video Discovery

Legal Talk Network — Thu, 15 Oct 2020 14:00:20 +0000

Audio and video files have become increasingly relevant in today’s legal matters, and lawyers need to know how to best handle this information. Digital Detectives Sharon Nelson and John Simek welcome eDiscovery experts Doug Austin and Brett Burney to discuss how to collect, preserve, search, and review audio/video information and then effectively present it in court.

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.

Cybersecurity Practices That Won’t Bust Your Budget – Practical Tips

Legal Talk Network — Mon, 12 Oct 2020 16:20:23 +0000

On Balance hosts JoAnn and Tish welcome back David Ries for part 2 of their discussion regarding economical cybersecurity practices for legal professionals. In last month’s episode, David stressed the importance of a comprehensive approach to cybersecurity for your law firm. This time, David offers practical tips to help you move from the big picture down to the specific safeguards needed to protect essential technology (devices, networks, servers, and more) in use at your legal practice.

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.

Good Housekeeping Seal of Approval for AI?

Legal Talk Network — Wed, 30 Sep 2020 15:00:53 +0000

Research Prof. Maura Grossman has long studied the effectiveness of machine learning and its implications for the delivery of legal services. She learned early on that machines were better than lawyers at many tasks, especially in the ediscovery process. But she recognized right away that to adopt and implement new technologies, lawyers needed to see proof that the new tools worked.

In this episode, host Dan Linna talks to Grossman about what questions lawyers should be asking when evaluating tools purporting to use artificial intelligence to solve problems with legal services delivery.

Grossman tells Linna that until there’s some sort of consumer consortium for AI, something like a Good Housekeeping Seal of Approval or Consumer Reports for algorithms, lawyers will need to be smart about evaluating the tools entering the market.

She and Linna discussed eight questions that should guide a lawyer’s evaluation of AI tools.
Grossman says lawyers should be asking pointed questions about:

The problem or pain point the tool is trying to solve
How much data cleanup has to happen before the tool can be used
What training needs to be done for the tool to be implemented
Whether the tool has been validated

On that last point, Grossman says the buyer doesn’t want to be a beta tester for the AI tool.

Professor Maura R. Grossman is a research professor in the School of Computer Science at the University of Waterloo, an adjunct professor at Osgoode Hall Law School of York University, and principal at Maura Grossman Law.

Special thanks to our sponsors, Logikcull and Acumass.

2020 Annual Meeting On Demand: Privacy Issues Related to Video Conferencing and Cloud-Based Programs

Legal Talk Network — Tue, 01 Sep 2020 18:07:18 +0000

In a world where we must rely on technology to continue the practice of law, attorneys are ethically bound to keep up with relevant tech and necessary security. A panel discussion at the 2020 State Bar of Texas Annual Meeting On Demand focused on helping lawyers understand how to maintain technology competence and put security practices in place to protect their clients. Podcast host Rocky Dhir talks with panelist Elizabeth Rogers about session highlights, including their focus on risk management for web-based tools.

Elizabeth A. Rogers is a partner at the nationwide law firm Michael Best & Friedrich based in Austin, Texas.

The Battle Against COVID-19: How eDiscovery Software is Playing a Role

Legal Talk Network — Thu, 16 Jul 2020 18:16:39 +0000

The eDiscovery software known as technology-assisted review (TAR) is traditionally used by lawyers to distinguish between relevant and irrelevant case information, but its capabilities have now shifted into a new role in the fight against COVID-19. Sharon Nelson and John Simek welcome lawyer and research professor Maura Grossman to discuss how this crossover is helping medical researchers find the information they need to accelerate progress in the study and treatment of the novel coronavirus.

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.

eDiscovery Before and After COVID-19: What to Expect

Legal Talk Network — Thu, 21 May 2020 19:08:20 +0000

In this edition of Digital Detectives, hosts Sharon Nelson and John Simek welcome Doug Austin to discuss current trends in eDiscovery and how the industry has been impacted by the pandemic. Doug also talks about his new blog, eDiscovery Today, which provides up-to-date insights on the most current developments in eDiscovery, data privacy, and cybersecurity.

Doug Austin is an eDiscovery thought leader and blogger.

Special thanks to our sponsor, Logikcull and PInow.

Securing Microsoft Windows and Microsoft 365

Legal Talk Network — Thu, 23 Apr 2020 16:35:33 +0000

Are you taking advantage of the security options available within your Microsoft products? Sharon Nelson and John Simek welcome Ben Schorr to talk about security basics in both Microsoft Windows and Microsoft 365 and his tips for adding additional layers of protection. They also discuss common security risks and user mistakes, address security vulnerabilities associated with remote work, and offer insights into how to best protect your law firm while working at home.

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

Special thanks to our sponsor, Logikcull.

ABA TECHSHOW 2020: Red Pill vs Blue Pill–How Deepfakes are Defining Digital Reality

Legal Talk Network — Mon, 02 Mar 2020 19:37:11 +0000

The rise of deepfakes and their obvious potential for creating damaging content is generating concerns for legal professionals. How can lawyers determine the trustworthiness of information in their cases? From TECHSHOW 2020, host John Simek talks with Sharon Nelson and Lincoln Mead about the impact of deepfakes on legal practice and what is being done to combat abuses of this emerging technology.

Sharon D. Nelson is president of the digital forensics, information technology, and information security firm Sensei Enterprises.

Lincoln Mead is a project manager and client relationship manager for Canon Discovery Services.

What Insurers and Defense Counsel Should Know About E-Discovery

Legal Talk Network — Tue, 04 Feb 2020 21:44:51 +0000

Attorney Jim Boyers from the law firm Wooden McLaughlin LLP discusses how insurers and counsel can ensure discovery of all relevant data and avoid claims of spoliation.

Special thanks to our sponsor, AM Best Company, Best’s Insurance Professional Resources, including Qualified Member attorneys, adjusters and expert service providers.

Why Privacy Matters

Legal Talk Network — Mon, 13 Jan 2020 23:00:23 +0000

Does privacy still matter? And if so, how do we protect it in the Digital Age?

In this episode, Glenn Greenwald—the Pulitzer Prize-winning investigative journalist, constitutional lawyer, commentator, and best-selling author who brought the Edward Snowden case to the public—joins us for a can’t-miss discussion on privacy, and why it’s more important now than ever.

In his conversation with Matters’ Teresa Matich, Glenn discusses what he learned about privacy while covering the Snowden case; the diverse privacy concerns that the Internet and companies like Facebook, Amazon, and Google have created; and how issues of privacy will affect current and future generations. He also shares perspective on the ways in which matters of privacy affect the legal industry, and the responsibilities legal professionals have to adhere to privacy standards.

Tech Competency: Security Fundamentals

Legal Talk Network — Wed, 18 Dec 2019 19:02:26 +0000

Last time on the State Bar of Michigan’s On Balance podcast, Tish Vincent and JoAnn Hathaway talked with Barron Henley about new rules coming January 1, 2020 related to Michigan’s adoption of the ethical duty of technology competence. Following up on that conversation, Barron offers insights on lawyers’ ethical responsibilities for data security. He outlines various security measures lawyers should employ in their practice (encryption, password managers, VPNs, and more) and advises them to be upfront about security with their clients.

Barron Henley is an attorney and a legal technologist with Affinity Consulting Group.

The One Thing That Might Force Law Schools To Be More Practical

Legal Talk Network — Tue, 10 Dec 2019 18:48:37 +0000

The “practice-ready” law school model is oft-discussed and rarely implemented, but maybe technology will finally force law schools to focus on teaching practical skills. Joe and Kathryn chat with Jessica Robinson, Vice President of Client Services at Casepoint about the maturation of the eDiscovery process, the project management lessons that fuel effective discovery, and the importance of learning the theory of discovery before entering an increasingly automating practice.

Special thanks to our sponsor, Logikcull.

How Lawyers Collect and Properly Authenticate Evidence from the Web

Legal Talk Network — Mon, 30 Sep 2019 22:42:41 +0000

The collection of critical web-based evidence could make or break a case, but many lawyers aren’t quite sure how to go about it. Digital Detectives‘ Sharon Nelson and John Simek get expert advice from Brett Burney on best practices for collection and authentication of online evidence. They discuss several real-world examples of major collection mistakes lawyers have made and offer suggestions for tools that can preserve and produce evidence properly.

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.

From Judiciary to Private Practice with Judge Andrew Peck

Legal Talk Network — Tue, 24 Sep 2019 15:00:44 +0000

In this edition of Law Technology Now, host Sean LaRoque-Doherty talks to Judge Andrew Peck about his post-retirement career shift from the judiciary to private practice. Judge Peck discusses how he moved into his new role as senior counsel at DLA Piper in New York City. Together, they examine how some of his former rulings on eDiscovery affect his practice on the other side of the bench as senior Counsel at DLA Piper in New York, and how, through his wealth of experience, he works to develop better practices through mentoring and training of young lawyers.

Special thanks to our sponsors, Headnote.

NALA Annual 2019: eDiscovery with Jeffrey Wolff of ZyLAB

Legal Talk Network — Mon, 15 Jul 2019 16:16:41 +0000

Jeffrey Wolff of ZyLAB sits down with host Carl Morrison at the 2019 NALA Conference & Expo to discuss eDiscovery: what it is, what it covers, and how it works. They also discuss how new solutions like machine learning help attorneys and paralegals process the growing expanse of data faster and more effectively than ever before.

Special thanks to our sponsors, NALA, ServeNow, CourtFiling.net and Legalinc.

Guidance for Lawyers with Cybersecurity Paralysis

Legal Talk Network — Tue, 25 Jun 2019 23:58:45 +0000

Many lawyers fear the topic of cybersecurity simply because they don’t understand it. What developments do they need to know about? What protections to they need to put in place? In this episode of Digital Detectives, Sharon Nelson and John Simek offer guidance for lawyers with cybersecurity paralysis. They discuss the reasonable steps to take to improve security based on firm size and types of information held. Additionally, they encourage firms to invest in staff training and outline the steps to take if a breach has occurred.

Special thanks to our sponsor, PInow.

Data Breach Lawyers: A View from the Trenches

Legal Talk Network — Tue, 28 May 2019 19:03:01 +0000

We hear plenty about data breaches and cyber crimes in the news, but most of us don’t know much about the day to day practice of those trusted to deal with them. Darius Davenport joins Digital Detective hosts, John Simek and Sharon Nelson, to discuss how he helps his clients deal with cybersecurity concerns and privacy matters. He shares the path that led him to this specialized practice, the kind of matters he deals with, and the advice he has for his clients and any business that needs to protect its data.

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.

The Growth of Class Action Lawsuits Involving Data Breaches

Legal Talk Network — Thu, 25 Apr 2019 12:00:46 +0000

Attorneys Matt Berkowitz and Brian O’Shea from the law firm Carr Maloney P.C. in Washington, DC discuss data breach class actions and what companies can do to protect their businesses from significant exposure.

Special thanks to our sponsor, AM Best Company, Best’s Recommended Insurance Attorneys & Adjusters, including Expert Service Providers.

The Implications of Biometrics in Privacy Law

Legal Talk Network — Wed, 20 Mar 2019 18:52:50 +0000

How much should people care about privacy? And what’s at stake when it comes to tracking biometrics? In this episode of Planet Lex, host Jim Speta talks to Matthew Kugler about his research into consumer sentiment around biometric tracking. They discuss the landscape of privacy law and its current trends, and Professor Kugler explains the methods and findings of his recent research. They also talk about the various ways biometric information is (and can be) acquired and used, and the implications of this in the future of privacy law.

Matthew Kugler is an assistant professor at Northwestern Pritzker School of Law.

eDiscovery: Major Developments in 2018 and a Look Ahead

Legal Talk Network — Wed, 30 Jan 2019 23:17:08 +0000

The processes of eDiscovery and its regulation are constantly changing. The challenges that come with this continuous evolution require lawyers to be educated on best practices. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Doug Austin about the most prominent trends in eDiscovery. They talk about the new developments in data privacy laws from 2018 and discuss the most significant criminal and civil eDiscovery cases.

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

Special thanks to our sponsor, PInow.

What Lawyers Need to Know about Cybersecurity

Legal Talk Network — Tue, 06 Nov 2018 17:31:53 +0000

Lawyers are in the business of holding sensitive and personal information, so they are prime targets for data breaches. Do you know how to protect your firm and clients? In this episode of the Florida Bar Podcast, hosts Christine Bilbrey and Karla Eckardt talk to Al Saikali about how lawyers should prepare their firms for different types of cybersecurity threats. They discuss how cybersecurity has changed and give tips on different types of administrative, technical, and physical safeguards. Firms of all sizes can implement defenses tailored to their needs, and lawyers have an ethical and legal obligation to take cybersecurity seriously.

Al Saikali is a Chambers-ranked lawyer specializing in privacy and data security law.

Cyber Security Awareness Training

Legal Talk Network — Mon, 27 Aug 2018 20:47:50 +0000

You might think that all you need to avoid cyber schemes is common sense, but even the biggest law firms require employee training to avoid attacks. In 2017, DLA Piper, the largest law firm in the world, suffered a catastrophic cyber attack. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk about how important cyber security awareness training is and potential training methods firms can use to instruct employees and partners. They share basic training tips and expand on the different kinds of common schemes, like phishing, ransomware, and social media attacks.

Special thanks to our sponsors, PInow and SiteLock.

Emerging Global Cyber Ransom Threats Require a Strategic Response From the C-Suite

Legal Talk Network — Tue, 31 Jul 2018 13:00:32 +0000

Attorneys Ed Lewis from Weightmans LLP, David Mackenzie from Blaney McMurtry LLP and David Shannon with Marshall Dennehey Warner Coleman & Goggin discuss emerging cyber threats and associated global risks.

Special thanks to our sponsor, A.M. Best Company, Best’s Recommended Insurance Attorneys & Adjusters, including Expert Service Providers.

Is the California Consumer Privacy Act Part of a Trend?

Legal Talk Network — Tue, 24 Jul 2018 21:40:29 +0000

The General Data Protection Regulation (GDPR) has garnered a lot of attention in a time where data protection has become a hot topic. But the GDPR isn’t the only privacy law deserving of attention. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Scott Pink about the California Consumer Privacy Act, a law that aims to give consumers more control over their privacy and data usage. They discuss the rights formally recognized by this act, what kind of businesses it applies to, and whether other states are likely to adopt similar legislation.

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.

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

Legal Talk Network — Wed, 30 May 2018 18:11:43 +0000

Having the ability to break into a terrorist’s phone sounds good, but what happens when the FBI’s access to your phone leaves you vulnerable to cyber attacks? In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Nate Cardozo about the FBI’s stance on encryption including their desired ability to access our phones, the First Amendment issues involved, and the implications of the FBI vs Apple San Bernardino confrontation. They also discuss the role of public and policy maker ignorance about technology and encryption in the struggle between the FBI and privacy.

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.

#174: How Lawyers Can Get More from Their iPhones, with David Sparks

Legal Talk Network — Wed, 30 May 2018 13:00:36 +0000

David Sparks shares ten ways lawyers can get more from their iPhones in this episode of The Lawyerist Podcast. From security hacks to email and notification optimization, David reveals myriad hidden iPhone features every lawyer can use.

The Harrowing World Of Cybersecurity

Legal Talk Network — Tue, 10 Apr 2018 18:11:10 +0000

Elie and Joe chat with Joshua Lenon, Clio Lawyer-in-Residence, about global cybersecurity threats and what lawyers can do about them — for both themselves and their clients. We also discuss potty training philosophies, so if you’re looking for guidance on that, Elie has you covered.

Special thanks to Clio, our sponsor for this episode.

Outgoing Adobe GC witnessed changes that digitization, globalization wrought

Legal Talk Network — Wed, 04 Apr 2018 13:00:37 +0000

Mike Dillon has seen a lot change over his career as general counsel to some of the nation’s largest technology companies. Working for Silver Spring Networks, Sun Microsystems and, most recently, Adobe Systems, he witnessed firsthand how digitization and globalization affected the operation and practice of a general counsel’s office. In this episode of the Legal Rebels podcast, he speaks with the ABA Journal’s Jason Taschea about his work.

Special thanks to our sponsor, Answer1.

Safe Ways to Use Facebook

Legal Talk Network — Fri, 30 Mar 2018 19:14:24 +0000

Facebook and its relationship with Cambridge Analytica have swept through the news and sparked questions about whether Facebook can be trusted with your information. In this episode of the Kennedy-Mighell Report, hosts Dennis Kennedy and Tom Mighell discuss why deleting Facebook altogether might be unrealistic and tricks that will help make your Facebook account more secure. They also talk about Instagram and how it both is and isn’t a reliable alternative to Facebook. As always, stay tuned for the parting shots, that one tip, website, or observation that you can use the second the podcast ends.

Have a technology question for Dennis and Tom? Call their Tech Question Hotline at 720-441-6820 for the answers to your most burning tech questions.

Special thanks to our sponsors, ServeNow and TextExpander.

Ethical Misadventures in E-Discovery

Legal Talk Network — Thu, 29 Mar 2018 20:50:54 +0000

“It’s all too easy to step off a precipice without ever realizing you were on a precipice.” – Sharon Nelson

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.

Physical Security and Workplace Violence

Legal Talk Network — Tue, 27 Mar 2018 18:19:43 +0000

While you hope to never experience workplace violence, it’s important to know what to do in such a situation. In this episode of The Florida Bar Podcast, hosts Christine Bilbrey and Karla Eckardt talk to Deputy M. Dean Crump about the different kinds of workplace violence and the importance of training employees to handle these issues properly. They discuss how to safely deal with terminations, physical security measures, and how to prepare for an active shooter situation.

Dean Crump is the deputy sheriff for Leon County Sheriff’s Office.

Cyber Insurance: Necessary, Expensive, and Confusing as Heck

Legal Talk Network — Fri, 16 Mar 2018 16:25:09 +0000

Cybersecurity may seem like overkill, especially with how complicated and pricey it can be, but losing data can be significantly more complicated and pricey in the end. In this report from On The Road at ABA TECHSHOW, host Victor Li talks to Judy Selby and Sharon Nelson about cyber risk management and why it’s necessary for a law firm. For those interested in getting started, they also discuss the steps to take in order to choose the right coverage.

Judy Selby brings 25 years of insurance coverage litigation experience on behalf of insurers and policyholders to her insurance consulting work.

Sharon D. Nelson is president of the digital forensics, information technology, and information security firm Sensei Enterprises.

Cyber Insurance: Expensive, Complicated, and Necessary

Legal Talk Network — Wed, 28 Feb 2018 22:20:51 +0000

Cyber threats can often seem like a distant threat and cyber insurance an overzealous safety measure. But as technology becomes more and more a central part of any legal practice, cyber insurance is becoming increasingly vital to a company’s financial health. In this Digital Detectives, hosts Sharon Nelson and John Simek talk to Judy Selby about what cyber insurance covers, the different types of coverage, and why it’s an important part of a legal business. She also discusses the key things to keep in mind when investing in coverage and how to find a policy that fits your particular needs.

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.

What Makes a Preservation Letter Presidential

Legal Talk Network — Tue, 30 Jan 2018 17:56:01 +0000

When reading the preservation letter in which President Trump’s lawyer addressed the publication of Fire and Fury, Craig Ball noticed that the writing was very familiar. In fact, the last six pages of the letter were taken straight from Craig’s article “The Sincerest Form of Flattery,” grammar quirks and all. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Craig Ball about 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. They also discuss what preservation letters accomplish, how to draft a solid letter, and how to respond when you’re on the receiving end of a preservation letter.

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.

Robert Litt has been out front on online threats for decades

Legal Talk Network — Wed, 10 Jan 2018 14:00:04 +0000

Robert Litt has confronted cybersecurity and encryption issues for two presidential administrations. With Russian interference in the 2016 election as a backdrop, Litt, an ABA Journal Legal Rebels Trailblazer, says the U.S. has been facing online threats essentially since the internet’s creation.

2018 Legal Technology Predictions

Legal Talk Network — Mon, 27 Nov 2017 21:22:19 +0000

Joe and guest host Kathryn Rubino talk to Jeff Ton of Bluelock about what’s on the horizon for 2018. Ransomware attacks, data disasters, robot lawyers… it actually isn’t all as bad as that sounds. Lawyers are notoriously behind the times with technology, so take this podcast as your wake up call. These are the obstacles your practice will face and the tools you’ll be working with to solve them.

Kaspersky Lab: Friend or Foe?

Legal Talk Network — Tue, 21 Nov 2017 23:13:33 +0000

Russian cybersecurity firm Kaspersky Lab is considered a leader in the cybersecurity field, but recently they experienced some controversy when they were accused of working with Russian military and intelligence. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to David Ries about whether Kaspersky Lab is safe for lawyers to use, diving into where the controversy started and what the results have been so far. David also provides suggestions for lawyers who are interested in changing from one security software to another, whether they mistrust Kaspersky Lab or are simply unhappy with their current software.

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.

MIT Legal Forum 2017: Technological Decentralization in the Legal Industry

Legal Talk Network — Mon, 20 Nov 2017 22:27:38 +0000

Technology has emerged that allows you to send money without needing a bank or getting your license without going to the DMV. These are just two advantages provided by decentralized technology which is the transferring of goods or value without the use of a middleman. In this report from On The Road, hosts Trent Carlyle and Laurence Colletti talk to Chris Jagers about decentralized technology and its implications for the legal industry and beyond. They discuss the advantages to having digital documents, like licenses and diplomas, and the use and standardization of cryptocurrency.

Chris Jagers is the CEO of Learning Machine an enterprise software company serving verticals in higher education, nonprofits, and mission driven organizations.

MIT Legal Forum 2017: Deconstructing Self-Sovereign Identity

Legal Talk Network — Mon, 20 Nov 2017 19:28:14 +0000

For most of us, we have an obscene amount of usernames and passwords that we use to access social media, bank accounts, and pretty much everything else on the internet. But what if we had one key or identity to unlock all our accounts? In this report from On The Road, host Amy ter Haar talks to Drummond Reed about self-sovereign identity, how it works, and what it could mean for the future of law. He clarifies what problems a decentralized identifier solves and how this emerging technology has been standardized.

Drummond Reed has spent over two decades working on internet identity, security, privacy, and trust frameworks.

Blockchain and Cryptocurrency: What Lawyers Need to Know

Legal Talk Network — Thu, 26 Oct 2017 21:28:24 +0000

Currently, there are at least 900 different kinds of cryptocurrencies being traded on the internet. As they have grown in popularity, it has become clear that cryptocurrencies and blockchain technology will inevitably impact the way law is practiced. In this episode of The Un-Billable Hour, host Christopher Anderson talks to Joshua Lenon about blockchain, cryptocurrencies, and why it is essential for lawyers to know what these technologies are and how they work. They discuss how blockchain can perfect the authentication of digital files and how lawyers can start to accept Bitcoin and other cryptocurrencies as payment.

Joshua Lenon is an attorney who currently serves as lawyer-in-residence for Clio, providing legal scholarship and research skills to the cloud-based practice management platform.

Special thanks to our sponsors, Answer1, Solo Practice University, and Scorpion.

A Breach of Trust: The Aftermath of the Equifax Hack

Legal Talk Network — Tue, 24 Oct 2017 16:03:12 +0000

As many as 143 million Americans were left vulnerable by the Equifax breach when hackers accessed personal information like names, addresses, and even social security numbers. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek discuss the Equifax breach including who was affected, the resulting lawsuits, and whether or not the hack was preventable. They also explain the difference between locking and freezing your credit and why taking action to protect yourself is important but complicated.

Special thanks to our sponsors, PInow and SiteLock.

Escalating cyber threats demand heightened security practices for law firms

Legal Talk Network — Thu, 19 Oct 2017 17:19:30 +0000

As the volume and sophistication level of data breaches grow, law firms are shifting greater attention and resources to address information security and cyber threat matters. In this episode of The Robert Half Legal Report, attorneys Charles Volkert, senior district president of Robert Half Legal and Scott Giordano, a director with the company’s consulting solutions practice, examine why law firms are among the most vulnerable for cyberattacks. They discuss the expanding role that data privacy and security specialists are playing within the legal workplace and share insights on current strategies that are helping law firms mitigate risks and bolster cybersecurity.

Crisis Management After a Data Breach

Legal Talk Network — Thu, 17 Aug 2017 16:06:30 +0000

Hopefully your firm will never experience a data breach, but these days it seems more and more inevitable. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Brian Wommack about common mistakes companies make when dealing with a breach, the correct way to handle the situation, and what you can do to prepare for potential threats. They also discuss the different aspects of creating a contingency plan including drafting beforehand how you would break the news to your clients.

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.

Why Litigators Should Take E-Discovery Seriously

Legal Talk Network — Fri, 30 Jun 2017 20:03:33 +0000

To a lot of litigators, discovery and especially e-discovery is a time-consuming and expensive process. In this episode of Thomson Reuters: Down the Hall with Practical Law, host Craig Vaughn talks to Kelly Griffith, Senior Legal Editor with Practical Law Litigation, about the relevance of e-discovery and how it has changed since she entered the industry. Their discussion includes social media, the internet of things, and potential pushback from clients who are new or unfamiliar with e-discovery.

Kelly Griffith is a senior legal editor responsible for e-discovery resources available through Thomson Reuters’ Practical Law service.

2017 Annual Florida Bar Convention: Social Media Ethics

Legal Talk Network — Mon, 26 Jun 2017 20:03:57 +0000

In this episode of The Florida Bar Podcast from the 2017 Annual Florida Bar Convention, host Jonathon Israel talks to Joe Corsmeier about social media and the ethical considerations lawyers need to make when using it. They discuss conflicts of interest, maintaining separate professional and personal accounts, and how to effectively use social media to market your legal practice.

Joseph Corsmeier is an AV-rated attorney practicing in Clearwater, Florida.

2017 Annual Florida Bar Convention: E-Discovery Resources and Digital Evidence

Legal Talk Network — Fri, 23 Jun 2017 16:48:45 +0000

In this episode of The Florida Bar Podcast from the 2017 Annual Florida Bar Convention, hosts Christine Bilbrey and Jonathon Israel talk to Suzanne Clark and Park McManis about electronic discovery and digital evidence. Their discussion includes why it’s important for lawyers to know about e-discovery and resources for those interested in using e-discovery, including the Association of Certified E-Discovery Specialists.

Suzanne Clark concentrates her legal practice in commercial and business litigation and cybersecurity law.

Parke McManis is an attorney, MBA, Relativity Certified Administrator (RCA), and Certified E-Discovery Specialist (CEDS).

2017 Annual Florida Bar Convention: Every Firm is a Target for Cyber Security Breaches

Legal Talk Network — Thu, 22 Jun 2017 17:40:50 +0000

In this episode of The Florida Bar Podcast from the 2017 Annual Florida Bar Convention, hosts Christine Bilbrey and Jonathon Israel talk to Lawrence Kunin and Serge Jorgensen about data security breaches and the legal implications of such a breach. They also discuss the ethical obligations of an attorney in regards to data security, as well as signs that reveal when a firm has been breached.

Larry Kunin is a partner in Morris Manning & Martin’s Litigation practice and serves as chair of the firm’s Data Security and Breach practice.

Serge Jorgensen is president and a founding partner of the Sylint Group. He provides strategic guidance and active oversight in computer security.

2017 Annual Florida Bar Convention: Insuring Against Cybersecurity Risks and Privacy Perils

Legal Talk Network — Thu, 22 Jun 2017 17:29:08 +0000

In this episode of The Florida Bar Podcast from the 2017 Annual Florida Bar Convention, host Christine Bilbrey talks to Jacey Kaps, Chip Trefry, and Scott Reid about how having cyber and data protection can be just as important as locking your door. They discuss insurance options and prevention methods, including training staff to identify and handle potential threats.

Jacey Kaps is a partner and executive committee member at Rumberger, Kirk & Caldwell.

Earl “Chip” Trefry is the owner and CEO of Member Benefits, Inc., a full-service insurance and financial services organization.

Scott Reid is currently the national director of cyber insurance for Gallagher Affinity Insurance Services and the executive director for the American Cyber and Data Security Alliance.

Ethical Issues with Confidential Data

Legal Talk Network — Mon, 19 Jun 2017 16:12:29 +0000

Because lawyers are constantly handling confidential or sensitive information, cybersecurity and the careful handling of this information are an important part of running a successful firm. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Jim McCauley about some of the ethical issues lawyers face and how the Virginia Bar is helping to educate lawyers on how to handle these issues. Some of these issues include information security and common scams used to hack into confidential data.

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.

Why Video Conferencing Belongs in the Law Firm

Legal Talk Network — Fri, 05 May 2017 19:57:38 +0000

When it comes to video conferencing, 58% of companies use some form of video chat in their daily activities. As it turns out, most lawyers fall into the remaining 42%. In this episode of The Kennedy-Mighell Report, hosts Dennis Kennedy and Tom Mighell discuss the advantages of video conferencing for lawyers. Their conversation includes how lawyers are using video chatting, important security aspects, and what reliable software is out there to try. Dennis and Tom also answer an audience question posed by Deborah Savadra of Legal Office Guru about how many lawyers actually use Macs. And, as always, stay tuned for the parting shots, including one that features Heidi Alexander and the women of legal technology.

Special thanks to our sponsor, ServeNow.

How the Government is Handling Online Privacy and Cybersecurity

Legal Talk Network — Mon, 24 Apr 2017 17:05:29 +0000

The speed of technological developments and change is so rapid that the government can’t craft corresponding rules and regulations fast enough. In this episode of Planet Lex, host Daniel Rodriguez talks to Northwestern Law Professor Jim Speta about net neutrality, online privacy, cybersecurity, and how the government is handling these growing issues. Their discussion dives into the new net neutrality legislation and how the new chair of the FCC will affect this and future regulation.

Jim Speta is a member of the faculty at Northwestern Pritzker School of Law and Senior Associate Dean for Academic Affairs and International Initiatives. His research interests include telecommunications and Internet policy, antitrust, administrative law, and market organization.

Invest in a VPN if You Take Internet Security Seriously

Legal Talk Network — Fri, 21 Apr 2017 21:10:08 +0000

With recent legislation targeting net neutrality, questions of how to maintain internet privacy have become increasingly relevant. In this episode of The Kennedy-Mighell Report, host Dennis Kennedy and Tom Mighell define what a Virtual Private Network (VPN) is and why it might be a good idea to invest in one to ensure your online information is secure. They also talk about fake VPN services to avoid and share which VPN services they use. In the second segment, they answer an audience question from the Honorable Joseph C. Adams regarding how to motivate lawyers to use the technology offered by a court. As always, stay tuned for the parting shots, that one tip, website, or observation that you can use the second the podcast ends.

Special thanks to our sponsor, ServeNow.

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

Legal Talk Network — Tue, 18 Apr 2017 15:29:29 +0000

Social Media is a big deal in the legal profession. Not only is it being used to promote law practices but it’s increasingly being used as digital evidence in courtrooms. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Craig Ball about the intricacies of preserving digital evidence. Their discussion includes whether or not to hire a professional to do the preservation and tools that you can use to gather and preserve digital evidence.

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.

Keeping up with Ediscovery

Legal Talk Network — Tue, 28 Mar 2017 19:50:44 +0000

Ediscovery is an industry that is constantly shifting and evolving as technology changes. In this episode of The Florida Bar Podcast, hosts Christine Bilbrey and Jonathon Israel talk to electronic discovery expert William Hamilton about using ediscovery and how the legal industry is adapting to growing technology. Their discussion includes the different ediscovery products available, sanctions, interactions with social media, and resources you can use to keep up with all aspects of ediscovery.

William Hamilton is an electronic discovery expert. He is currently the executive director of the UF Law E-Discovery Project and International Center for Automated Information Retrieval.