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Hosts discuss the five hottest topics in e-discovery today. Josh takes a look at issues with the form of production, litigation holds after the Pension Committee case, how small firms are surviving their entry into e-discovery, preservation of ESI and how to prove that an e-discovery request will cause an “undue burden.”

Hosts discuss the five hottest topics in e-discovery today. Josh takes a look at issues with the form of production, litigation holds after the Pension Committee case, how small firms are surviving their entry into e-discovery, preservation of ESI and how to prove that an e-discovery request will cause an “undue burden.”
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United States

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Hosts discuss the five hottest topics in e-discovery today. Josh takes a look at issues with the form of production, litigation holds after the Pension Committee case, how small firms are surviving their entry into e-discovery, preservation of ESI and how to prove that an e-discovery request will cause an “undue burden.”

Language:

English


Episodes

Securing Office 365: An Ethical Imperative for Lawyers

9/18/2018
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Just because you get Office 365 installed and working properly doesn’t mean that it’s automatically secure. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Brandon Koeller about the Office 365 Secure Score and other best practices to keep you secure in the cloud. While the Secure Score can help, they also discuss where the score falls short and how lawyers can tend to high level risks in order to address key threats within the cloud. As a principal program...

Duration:00:30:05

Cyber Security Awareness Training

8/27/2018
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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...

Duration:00:32:47

Is the California Consumer Privacy Act Part of a Trend?

7/23/2018
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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...

Duration:00:23:34

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

6/26/2018
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Virtual assistants market themselves by saying they will save you time and money, but the reality is working with them comes with its own set of cybersecurity risks. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Tom Lambotte about the data dangers involved with using virtual assistants and what lawyers can do to protect themselves. They discuss the right questions to ask when seeking virtual assistance and the advantages of having contracts in...

Duration:00:25:09

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

5/30/2018
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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...

Duration:00:22:04

Fastcase’s Artificial Intelligence Sandbox

4/23/2018
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As artificial intelligence (AI) becomes more prevalent and useful, most industries are looking for ways it can benefit them; law firms are lagging behind in dedicating the time and resources to make AI work for them. In this episode of Digital Detectives, Sharon Nelson and John Simek talk to Ed Walters about AI Sandbox, Fastcase’s new artificial intelligence initiative that aims to encourage firms’ experimentation with AI. They discuss common AI projects law firms are working on and why AI...

Duration:00:25:40

Ethical Misadventures in E-Discovery

3/29/2018
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“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...

Duration:00:30:46

Cyber Insurance: Expensive, Complicated, and Necessary

2/28/2018
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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...

Duration:00:31:52

What Makes a Preservation Letter Presidential

1/30/2018
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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...

Duration:00:32:44

Privacy vs. Protection: Warrantless Phone Searches at the Border

12/29/2017
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Since Trump’s executive decisions regarding immigration, U.S. border security has taken steps to reflect the changes in legislation. One of the actions taken was the increased search of travelers’ phones and other electronic devices by border agents. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Sophia Cope about the EFF and ACLU challenge against the government’s warrantless searches of cell phones and other devices at the border. They discuss why this is...

Duration:00:16:53

Kaspersky Lab: Friend or Foe?

11/21/2017
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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...

Duration:00:19:06

A Breach of Trust: The Aftermath of the Equifax Hack

10/24/2017
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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...

Duration:00:25:52

How Lawyers Should Use Spreadsheets

9/19/2017
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Spreadsheets have the potential to be an important part of running a legal business, but not all lawyers have the time to fully understand how to effectively use them. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Ben Kusmin about the proper handling and format of spreadsheets, including a thorough review of all content before sending it. He also discusses the Wells Fargo inadvertent disclosure issue and how it could have been avoided. Ben Kusmin focuses...

Duration:00:26:14

Crisis Management After a Data Breach

8/17/2017
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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...

Duration:00:20:53

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

7/17/2017
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In this episode of Digital Detectives, hosts Sharon Nelson and John Simek speak with Denver Edwards about cybersecurity. In their discussion, they address the National Institute of Standards and Technology’s (NIST) cybersecurity framework and how it relates to the FTC’s work. They also talk about how a company can use the NIST framework along with FTC guidance in order to minimize security risks. They conclude the episode with predictions regarding how the Trump Administration will handle...

Duration:00:19:33

Ethical Issues with Confidential Data

6/19/2017
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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...

Duration:00:24:49

Cybersecurity for Macs

5/19/2017
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If you have a Mac, you might think you’re safe from viruses and hacking. In reality, Mac users still fall victim to malware, adware, and other schemes that can easily slip through the cracks if a user isn’t careful. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Tom Lambotte, CEO of GlobalMac IT, about how cybercrime has evolved and what Mac using lawyers can do to protect their information, including using a password manager and investing in mobile device...

Duration:00:21:54

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

4/18/2017
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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...

Duration:00:26:53

Electronic Security Sweeps for Law Firms and their Clients

3/14/2017
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As a lawyer, sometimes paranoia is a good thing. Legal professionals are constantly handling sensitive information that needs protection, whether it’s details about a case or client data. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek talk to Charles Patterson about TSCM (technical surveillance countermeasures) and how this extra level of security can ensure your private information stays private. As the president of Exec Security, a TSCM services company, Charles...

Duration:00:21:27

Smishing, a Growing Cyber Security Threat

2/14/2017
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Just because phishing is gradually becoming less of a threat does not mean you are safe from cyber criminals. Smishing is the use of cell phone texting software to lure victims into downloading malware or handing over personal information. In this episode, hosts Sharon Nelson and John Simek talk to Joe Hamblin, director of IT operations for Sprint, about what smishing is, why it’s growing, and how it could affect your legal business. They also discuss simple ways to identify and combat...

Duration:00:21:32