Digital Detectives Podcast - Legal Talk Network: Recent Episodes
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For many years, Sharon Nelson and John Simek have hosted the Digital Detectives podcast to bring practical advice and much needed guidance to help attorneys protect their law firms. In this, their final episode, they finish off with yet another round of current stats on cybersecurity issues and the measures to take to ensure your data’s safety. Sharon and John’s good friend David Ries joins them for this last conversation, where they explain the latest threats and give advice for improving security practices to protect the future of your law firm.
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.
A strong foundation for your law firm should be built on sensible cybersecurity policies and procedures. What should that look like? Sharon Nelson and John Simek have a conversation with Mike Maschke about best practices for establishing effective security for your business. Mike walks listeners through a variety of security considerations to be aware of and explains staff training needs, Zero Trust Architecture, keeping software current, encryption protocols, and much more.
Mike Maschke is the chief executive officer and director of cybersecurity and digital forensics at Sensei Enterprises, Inc.
Whether you’re willing to admit it or not, no firm is too small to be a target for hackers. Each and every one—from large firms all the way down to solo attorneys—is susceptible to cybersecurity incidents. So, how do you avoid becoming a statistic? Sharon Nelson and John Simek talk with Mark Bassingthwaighte about the bad tech habits of law firms that lead to breaches and what to do to fix your security vulnerabilities.
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.
AI is capable of doing so many things in the legal tech world, not least of which are its uses in digital forensics. Sharon Nelson and John Simek welcome Shashi Angadi to discuss AI’s current applications in cybersecurity—including threat detection, analysis, evidence gathering, and more. Shashi offers real-world examples of AI at work and shares...
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...
Employees within your organization are likely a bigger risk to your cybersecurity than threat actors from without. Why? Because it very often takes an insider to let in an outsider. Sharon Nelson and John Simek talk with Mike Barnsback about prevention strategies for both internal and external threats. Mike explains common tactics employed by cyber...
BakerHostetler’s latest data security report is here, and while the threat landscape is proving to be as consistent as ever, companies have been doing a better job at identifying and containing breaches more quickly. Sharon Nelson and John Simek dig into the details of the report with Joe Bruemmer, helping listeners understand current data breach trends and how to best protect against attacks.
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.
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.
AI is already changing the legal profession, and law schools have a responsibility to stay on the cutting edge of this technology to equip future lawyers with all they need to know about its impacts and uses. Sharon Nelson and John Simek talk with Dean Andy Perlman about the current landscape of AI in legal practice and education. They discuss ChatGPT’s debut, shaping ethical and socially responsible uses of AI, the importance of embracing AI in legal education, and much more.
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.
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.
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.
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.
Communicating with clients is essential to good lawyering, but doing so without proper precautions could set you up for trouble. Sharon Nelson and John Simek discuss the ethics of lawyer communications with Daniel Siegel, an attorney and current chair of the Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility. They talk through the...
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...
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. Doug Austin is an established...
In the midst of Alex Jones’ defamation trial, the whole world found out that an almost unthinkable blunder had been committed by his attorneys, resulting in an inadvertent waiver of privilege that majorly impacted his case. How did this happen? What do legal professionals need to learn from this high-profile gaffe? Digital Detectives hosts Sharon...
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...
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,...
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...
The online space for Russia’s civil society has been slowly closing for nearly a decade, but after the invasion in Ukraine, governmental powers quickly seized control of internet freedoms—banning and blocking at will. What does this mean for the flow of information and the future of the internet both in Russia and internationally? Digital Detectives...
Lucian Pera shares insights on the ethical considerations involved in ensuring leading-edge law firm cybersecurity.
David G. Ries discusses the current trends in cybersecurity and offers tips for protecting your data from the latest threats.
Ariel Parnes offers insights on the government’s efforts to fight back against ransomware and cybercrime.
David White offers tailored tips for lawyers based on Axio’s 2021 State of Ransomware Preparedness Report.
Rob Lee offers insights on trends in the cybersecurity world and how to pursue a career in this exciting field.
Sherri Davidoff discusses current cyber threats and offers insights on how to plan and budget for effective security technology and training.
Beloved hosts and cybersecurity experts Sharon Nelson and John Simek share wisdom on equipping your staff with the necessary skills for guarding against cyber attack.
Tom Lambotte shares valuable tips for small-firm attorneys on how to adequately guard against cyber attacks.
Digital risk advisor Craig Hoffman talks through the uptick in ransomware attacks and other data security incidents found by BakerHostetler Data Security Incident Response Report.
Brigadier General Patrick Huston discusses common myths about AI and its role in our national security and military.
Lawyer and cybersecurity expert Stewart Baker examines the president’s current plans for our nation’s most pressing cyber concerns.
Jeffrey Wells explains the SolarWinds hack and cybersecurity questions law firms should be asking in the wake of this massive attack.
Sharon Nelson and John Simek offer insights into which types of security evaluations lawyers should consider for their law firms.
Clio COO George Psiharis talks through this year’s trends and the sweeping transformative effect COVID-19 has had on the legal profession.
Attorney and cybersecurity expert Ted Kobus addresses the rapid increase in ransomware incidents in 2020 and explains what law firms should do in the event of an attack.
Judy Selby gives a comprehensive overview of the many uses and risks associated with biometric information.
Cybersecurity expert Mike Maschke explains how penetration tests help lawyers protect themselves by identifying weak points in their security systems.
Maura Grossman discusses how TAR is used by medical researchers to support their efforts to understand and treat COVID-19.
Doug Austin surveys the current state of the eDiscovery industry and discusses emerging trends.
John Simek and Sharon Nelson answer lawyers’ frequently asked questions about how to work remotely and securely.
David Ries breaks down the trends in The Identity Theft Resource Center’s 2019 End-of-Year Data Breach Report.
Michael Mills surveys the landscape of AI and its ethical implications within the practice of law.
Mary Mack and Kaylee Walstad share updates on EDRM’s current projects and plans for the future.
Tom O’Connor offers tips for handling common problems surrounding 30(b)(6) witness depositions.
Ed Walters delves into all things AI and discusses the ABA’s resolution urging a deeper study of AI’s legal and ethical issues.
Gail Gottehrer explores the scope of the Internet of Things and gives an understanding of the privacy, security, and legal issues associated with IoT devices.
Sharon Nelson and John Simek help give guidance for lawyers with cybersecurity paralysis, and have a discussion on how to improve security based on the size of the firm and types of information held.
Darius Davenport discusses how he helps his clients deal with cybersecurity concerns and privacy matters.
Joe Meadows has a discussion with John Simek and Sharon Nelson about internet defamation.
Brett Burney talks about what lawyers need to know about digital forensics on mobile devices.
Sherri Davidoff talks about her career as a penetration tester and what she has developed with the companies in the area of cybersecurity.
Sharon Nelson and John Simek talk about their favorite cybersecurity resources for lawyers.
Kellam Parks discusses why cybersecurity is essential to your firm and his impressions of solos/small firm’s cybersecurity awareness and preparedness.
David Ries talks about the need for law firms to develop a quick and logical way to respond to a data breach.
Brandon Koeller talks about the Office 365 Secure Score and other best practices to keep you secure in the cloud.
Sharon Nelson and John Simek talk about the importance of cyber security awareness and potential training methods firms can use to instruct employees and partners.
Scott Pink talks about the California Consumer Privacy Act, a law that aims to give consumers more control over their privacy and data usage.
Tom Lambotte talks about virtual assistances and how involving them could cause data dangers and what lawyers can do to protect themselves.
Nate Cardozo explains the FBI’s stance on encryption, the First Amendment issues involved, and speaks on the implications of the FBI vs Apple San Bernardino confrontation.
Ed Walters talks about AI Sandbox, Fastcase’s new artificial intelligence initiative that aims to encourage firms’ experimentation with AI.
Sharon Nelson and John Simek talk about the most common reasons lawyers run into e-discovery ethics issues, which include social media, Yelp reviews, document manipulation, and “hiding the ball” by giving opposing counsel too much data.
Judy Selby talks about what cyber insurance covers, the different types of coverage, and why it’s an important part of a legal business.
Craig Ball shares what it’s like to have the lawyers of the President of the U.S. use your words in one of his preservation letters and why this was perhaps the wrong move for President Trump’s lawyers.
Sophia Cope talks about the EFF and ACLU challenge against the government’s warrantless searches of cell phones and other devices at the border.
David Ries talks about whether Kaspersky Lab is safe for lawyers to use, diving into where the controversy started and what the results have been so far.
This legal technology podcast covers the Equifax breach including who was affected, the resulting lawsuits, and whether or not the hack was preventable.
In this legal technology podcast, Brian Wommack talks about the correct way to handle a data breach.
Denver Edwards discusses cybersecurity, including the National Institute of Standards and Technology’s (NIST) cybersecurity framework.
In this legal podcast, Jim McCauley talks about ethical issues lawyers face and how the Virginia Bar is helping to educate lawyers on how to handle them.
The CEO of GlobalMac IT discusses how cybercrime has evolved and what Mac using lawyers can do to protect their information.
Sharon and John talk to Craig Ball about the intricacies of preserving digital evidence.
Guest Charles Patterson talks about TSCM and how this extra level of security can ensure a lawyer's private information stays private.
In this episode of Digital Detectives, Sprint's Joe Hamblin joins hosts Sharon Nelson and John Simek to discuss Smishing and other cyber security threats.
In this episode of Digital Detectives, hosts Sharon Nelson and John Simek discuss ransomware with the CEO of LMG Security, Sherri Davidoff.
On this Digital Detectives podcast, we discuss governmental cyber security policy under Obama and how policies might change under the Trump administration.
Sharon Nelson and John Simek talk with CloudNine VP of Professional Services Doug Austin to discuss the hottest changes and trends surrounding e-discovery.
Sharon and John sit down with SiteLock President Neill Feather to discuss the importance of website security and data breaches in law firms.
Cindy Cohn discusses domestic surveillance, encryption technology, and how lawyers and law firms can protect themselves and their clients from cyber attacks.
Sharon Nelson and John Simek speak Jim Calloway about ways small firm and solo attorneys can improve their cyber security.
Board certified trial lawyer Craig Ball talks with Sharon and John about information technology competency and the 2016 Georgetown Ediscovery Training Academy.
Clark Hill PLC Of Counsel David G. Ries discusses data security, Mandiant’s M-Trends, and Verizon’s Data Breach Investigation Reports.
Nuix Chief Technology Officer Stephen Stewart sits down with Sharon Nelson and John Simek to discuss the Panama Papers, the world’s largest data breach.
As technology continues to become ever more integrated into our daily lives, the challenges that law firms face grow and evolve. Many tech savvy clients are not only concerned with a lawyer’s ability to represent them but also their ability to protect their files and privileged communications. With more instances of data breaches and hacking...
During the investigation of the San Bernardino shooting the FBI obtained a company iPhone that was used by Syed Farook, one of the assailants. The investigators obtained a warrant to search the phone, but it’s currently locked and the FBI hasn’t been able to access the encrypted data. This prompted the agency to request assistance...
InfraGard, one of the longest running outreach associations, represents a partnership between the FBI and the private sector. Members include businesses professionals (including many law firm employees), people from academic institutions, and local participants who share their experience and expertise with the FBI to assist in crime prevention. In the recent climate of rampant cyber...
Technology Assisted Review (TAR), also known as Computer Assisted Review, Predictive Coding, Computer Assisted Coding, and Predictive Ranking, has been around for 50 years, but is now becoming incredibly useful in the legal field. This technology can speed up cases of all kinds and greatly reduce discovery costs for their clients. But how do lawyers...
Following the terrorist attacks in Paris, French officials used metadata from a phone they found in a trashcan to gather information that made it possible to raid ISIS safe houses within a week. During these raids they were able to kill the suspected mastermind behind the operation, who was believed to be planning more attacks....
Although electronic discovery is increasingly important for court lawyers, only about 30 law schools nationwide offer e-discovery courses. To address the gap, Catalyst, an e-discovery service provider based out of Denver, has developed a practicum that aims to give law students the necessary experience to enter the workforce with adequate fundamental knowledge. So how does...
The Association of Certified E-Discovery Specialists (ACEDS) is a member organization that offers certification and a community for professionals working in the field of e-discovery, both in the public and private sectors. Recently, experienced e-discovery service provider and industry leader Mary Mack was named the executive director of ACEDS. What will change and what are...
“It is very difficult to conceive of a scenario — short of nuclear winter — where an agency would be justified in allowing its cabinet-level head officer to solely use a private email communications channel for the conduct of government business.” – Jason R. Baron to the New York Times On March 2nd, 2015, The...
“33% of Fortune 100 Organizations will experience an information crisis by 2017.” – Gartner, an information technology research and advisory firm Recently, data breaches have become one of the most serious threats to companies worldwide, and as more corporate infrastructure moves online, studies suggest that the rising number of data breaches will cost 2.1 trillion...
John M. Facciola is a retired United States Magistrate Judge who formerly served in the United States District Court for the District of Columbia. He has authored over 700 opinions, many of them in e-discovery and in the impact of information technology upon Fourth Amendment principles. With an inside knowledge of how e-discovery directly affects...
In a recent blog post, Canadian lawyer and legal technology blogger Nathaniel Russell defined Lawmageddon as “the imminent confluence of events that will change lawyers’ lives forever.” This most likely includes technologies such as cybersecurity, cloud-based systems, encryption, and social media, which influence the legal sphere in a way that lawyers cannot opt out of....
Many of our listeners will know the term Technology-Assisted Review (TAR) by it’s more common nickname, “predictive coding.” Lawyers and judges alike need to pay attention to TAR due to potential changes to the Federal Rules of Civil Procedure (FRCP) coming up in December 2015. And since almost all courts accept when lawyers utilize TAR...
From self-driving cars and drones to robotic surgeons and soldiers, humans are delegating more tasks to machines and software. But who is responsible when then these new innovations cause damage, injury, or death? Can we trust machines to prioritize preserving human life when accidents inevitably occur? Should we be thinking about sweeping regulations? In this...
There have been several programs looking at exoneration of people previously convicted of crimes. This includes The Innocence Project, currently boasting 325 DNA exonerations, and a project of the University of Michigan Law School that works on cases in which DNA is unavailable. The latter project had exonerated 1,553 individuals when we recorded this podcast....
Joe Looby recently released his documentary The Decade of Discovery about the United States versus Philip Morris tobacco lawsuit in the early 2000s and email e-discovery issues. The film also discusses the emergence of the Sedona Conference as a think tank and forum for discussion about cooperation in e-discovery. Many prominent federal judges were interviewed...
In November of 2014, hackers infiltrated Sony’s computer network lifting terabytes of corporate data, human resources information, internal intel, films, corporate emails, and other valuable information. This led the corporate world to question how protected we really are from cyber attacks. In the 1990’s, the only computer issue was viruses, but the attack vectors have...
As lawyers, we hear a lot about the technological advances in e-discovery and information governance. How do you describe the current state of e-discovery from an opportunity and growth perspective, and how does this market opportunity impact the pulse rate of mergers, acquisitions, and investments? For lawyers purchasing e-discovery packages, there are several types of...
“A cyber attack on the World Trade Center would be 10 times more financially damaging than the 2001 attack.” Data breaches like the ones at Target, JP Morgan, and Home Depot have recently been all over the news and are usually organized by hackers working towards financial gain. But there is cyber war happening with military...
Discovery, as all lawyers know, is the process of collecting and exchanging information about the court case to prepare for the trial. Traditionally, this was done by many lawyers over countless billable hours in which every page of potential evidence was examined for important information. Because of this, the more information existed in reference to...
In 2006, the Federal Rules of Civil Procedure rule-makers developed and put into practice amendments dealing with electronically stored information (ESI) and e-discovery. However, most of those involved believed these amendments did not adequately deal with lost or missing ESI or “the spoliation issue.” In 2014 the rule-makers proposed Rule 37(e), which deals with the...
Despite all the attention that e-discovery has received over the last decade, it is still a relatively new part of the litigation process. For those lawyers who were never exposed to e-discovery in law school or their formative years of practice, the systems and products involving data collection and analysis can be overwhelming and complex....
Every law firm can run into incidents of employee misconduct, data breaches, and intellectual property theft. In the age of modern technology, data breaches, insider trading, and other security problems require extensive technological forensics. Partners and firm owners, as well as lawyers working within the firm, need to understand why a digital investigation is needed,...
All lawyers have an ethical obligation to employ security measures when sharing information and data with their clients. Whether that means encrypting all important emails or properly researching cloud based file-sharing services like Dropbox, it is incumbent on lawyers to understand the levels of security available. LexisNexis recently did a survey on what tools lawyers...
On February 12th of 2008, the FBI announced that it had hired Lockheed Martin to build its Next Generation Identification system (NGI) to deploy multimodal matching to biometric data of US citizens. Today, NGI’s database contains several types of unique identifiers including fingerprints, iris prints, and facial recognition. On this episode of Digital Detectives, hosts...