Digital Detectives

Sharon Nelson and John Simek interview Jason R. Baron, of counsel to Drinker Biddle & Reath, LLP and co-chair of The Information Governance Initiative, about the Hillary Clinton controversy and the future of Shadow IT, BYOD, and information governance. Learn more about your ad choices. Visit megaphone.fm/adchoices

Recently, data breaches have become one of the most serious threats to companies worldwide, and as more corporate infrastructure moves online, studies suggest that the rising number of data breaches will cost 2.1 trillion dollars globally by 2019. Because of this, a new market of data breach practice groups has emerged to assist with e-discovery, information governance, data security, and preparat...

On this episode of Digital Detectives, Sharon Nelson and John Simek interview Judge Facciola about why lawyers need to learn about e-discovery now, how we can integrate e-discovery training into law schools and ongoing legal education, and the importance of law firms investing in professional development and creativity. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Nathaniel Russell about his definition of Lawmageddon, what the legal profession needs to embrace these changes, and the consequences lawyers face if they fail the tests of Lawmageddon. In the second half of the podcast, Russell discusses what can happen if lawyers ignore the presence of social media as evidence and the...

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Judge Andrew Peck, an expert in issues relating to electronic discovery. Together they discuss the current state of technology-assisted review, how FRCP amendments will affect the way lawyers do discovery, and best practices when using TAR. Judge Peck explains the origin of using “technology-assisted review” as terminolo...

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 episode of Digital Detectives, hosts...

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Judge David Waxse about the 2009 report by the National Academy of Sciences (NAS), the relationship between bad science and wrongful convictions, and how to improve the use of forensic science in the criminal justice system. The NAS report, Strengthening Forensic Science in the United States: A Path Forward, found that w...

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Jason Baron about information governance, dark data, open government, and his role in The Decade of Discovery. Baron talks about the increasing amount of electronic data affecting the Freedom of Information Act (FOIA) and the discussion e-discovery experts need to have about providing public access to government records....

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 since changed. Companies an...

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 vendors and pricing models,...

"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 for financial gain. But there is cyber war happening with military and political objectives with potentially far more damaging results. Cyber terrorists...

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 a case, the more expensive the case was. As te...

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 issue of spoliation equally a...

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, the systems and products involving data collection and analysis can be overwhelming and complex. How much do lawyers need to know about information governance, data...

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, what steps should be taken...

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 and legal professionals ar...

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 Sharon Nelson and John Simek...

Some experts believe that, in addition to being prohibitively expensive for law firms to manage, maintaining immense amounts of client data increases the probability that it will be exposed to the public through a security breach or hack. That is why many like-minded firms are outsourcing data management to companies that specialize in it. On this episode of Digital Detectives, hosts Sharon Nelson...

Some technology experts believe it's not a matter of if law firm communications can be hacked, but when. With continuing reports of the NSA and foreign entities monitoring the privileged attorney-client communications of US law firms, lawyers may be required to take additional measures to protect client information. On this edition of Digital Detectives, hosts Sharon Nelson and John Simek discuss...

From malware and hackers to BYOD and TYOD, the biggest threat to law firm data could be the attorneys themselves. On this episode of Digital Detectives, hosts Sharon D. Nelson and John W. Simek interview data expert Ben M. Schorr and discover complex new threats to data security and the simplest solutions to reduce them. Schorr is a technologist and Chief Executive Officer for Roland Schorr and To...

In this edition of Digital Detectives hosts Sharon D. Nelson and John W. Simek invite Jason R. Baron, former director of litigation at the U.S. National Archives and Records Administration to discuss Information Governance as it relates to e-discovery, privacy, record keeping and security. Baron connects the dots between all these areas and helps lawyers understand they need to know about informat...

The first thing guest Alan Goldberg highlighted was the colossal cost of data breaches. He explained that the minimum cost is $100,000 and it has the potential to amount to millions. In this edition of Digital Detectives, your hosts Sharon Nelson and John Simek invite Goldberg to discuss the usual reasons for a breach, likely consequences, prevention, and more. Goldberg is a solo practitioner in M...

The Honorable John M. Tran uses the terms digital natives and digital immigrants when referring to judges. Coined by author Marc Prensky, digital natives are those born into technology and digital immigrants are learning the field as they go. It’s not uncommon for judges to be digital immigrants, forcing them to confront issues on the bench that they have never experienced. In this edition of Digi...

Edward Snowden’s leaks about NSA surveillance have been a hot topic in the media for the last few months. But what do lawyers, specifically, need to worry about? The answer is: a lot. On this edition of Digital Detectives, hosts Sharon D. Nelson and John W. Simek take the stage and examine NSA surveillance as it relates to lawyers. Tune in for an overview of Snowden and the NSA surveillance contro...

Lawyers hold some of their clients’ most private communications, which makes them a top target of all hackers. As technology competence becomes the required norm, lawyers need to understand not only how to protect their clients’ information but how to react if a cyber attack does happen. On this episode of Digital Detectives, Sharon D. Nelson, Esq. and John W. Simek invite Steven Chabinsky to disc...