Digital Detectives

Legal Talk Network

Welcome to Digital Detectives. We'll discuss computer forensics, electronic discovery and information security issues and what's really happening in the trenches. It's not theory, but practical information that you can use in your law practice on the Legal Talk Network.

All Episodes

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.

Nov 18

27 min 44 sec

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.

Oct 21

33 min 38 sec

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.

Sep 28

31 min 8 sec

ESI expert reports can be critical to presenting a case, but lawyers all know these reports are sometimes so complicated or jargon-filled that all the non-experts struggle to comprehend them. That’s not how it should be! Digital Detectives Sharon Nelson and John Simek welcome Craig Ball to discuss his tips for creating useful, accessible expert reports that effectively communicate their findings to the court.  Read Craig’s full blog post on this topic at craigball.net. Craig Ball practices as a Special Master in electronic evidence and discovery, is a longtime adjunct professor at Texas School of Law and Tulane Law School, and writes and speaks around the world on e-discovery and computer forensics. Special thanks to our sponsors CaseFleet and PInow.

Aug 20

32 min 10 sec

With cyber threats and their respective defenses evolving at an ever-quickening pace, ongoing and frequent cybersecurity training is a must for today’s law firms. With some of the recent major cybersecurity events in mind, Sharon and John offer practical examples and training tips for improving employees’ cyber threat awareness and preventing an attack on your firm. Special thanks to our sponsors CaseFleet and PInow.

Jul 27

29 min 55 sec

Tom Lambotte shares valuable tips for small-firm attorneys on how to adequately guard against cyber attacks. Special thanks to our sponsors CaseFleet and PInow.

Jun 17

25 min 26 sec

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. Special thanks to our sponsors CaseFleet and PInow.

May 20

25 min 12 sec

Brigadier General Patrick Huston discusses common myths about AI and its role in our national security and military. Special thanks to our sponsor PInow.

Apr 14

30 min 9 sec

Lawyer and cybersecurity expert Stewart Baker examines the president’s current plans for our nation’s most pressing cyber concerns.

Mar 18

26 min 43 sec

Jeffrey Wells explains the SolarWinds hack and cybersecurity questions law firms should be asking in the wake of this massive attack.

Feb 18

22 min 57 sec

Sharon Nelson and John Simek offer insights into which types of security evaluations lawyers should consider for their law firms.

Jan 28

30 min 43 sec

Clio COO George Psiharis talks through this year’s trends and the sweeping transformative effect COVID-19 has had on the legal profession.

Dec 2020

33 min 45 sec

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.

Nov 2020

25 min 45 sec

Doug Austin and Brett Burney give best practice tips for audio and video discovery.

Oct 2020

32 min 5 sec

Judy Selby gives a comprehensive overview of the many uses and risks associated with biometric information.

Sep 2020

30 min 30 sec

Cybersecurity expert Mike Maschke explains how penetration tests help lawyers protect themselves by identifying weak points in their security systems.

Aug 2020

23 min 49 sec

Maura Grossman discusses how TAR is used by medical researchers to support their efforts to understand and treat COVID-19.

Jul 2020

20 min 18 sec

David Ries gives an overview of work-at-home and remote access best practices.

Jun 2020

22 min 55 sec

Doug Austin surveys the current state of the eDiscovery industry and discusses emerging trends.

May 2020

24 min 1 sec

Ben Schorr shares tips for improving security in Microsoft products.

Apr 2020

23 min 40 sec

John Simek and Sharon Nelson answer lawyers’ frequently asked questions about how to work remotely and securely.

Mar 2020

28 min 1 sec

David Ries breaks down the trends in The Identity Theft Resource Center’s 2019 End-of-Year Data Breach Report.

Feb 2020

24 min 25 sec

Michael Mills surveys the landscape of AI and its ethical implications within the practice of law.

Jan 2020

32 min 41 sec

Mary Mack and Kaylee Walstad share updates on EDRM’s current projects and plans for the future.

Dec 2019

23 min 48 sec

Andy Wilson discusses the cloud revolution’s impacts on legal professionals.

Dec 2019

27 min 38 sec

Tom O’Connor offers tips for handling common problems surrounding 30(b)(6) witness depositions.

Oct 2019

31 min 25 sec

Brett Burney outlines best practices for preserving and producing online evidence.

Sep 2019

31 min 6 sec

Ed Walters delves into all things AI and discusses the ABA’s resolution urging a deeper study of AI’s legal and ethical issues.

Aug 2019

42 min 20 sec

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.

Jul 2019

33 min 32 sec

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.

Jun 2019

32 min 20 sec

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 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.

May 2019

27 min 29 sec

What do lawyers need to look out for when handling a defamation case? In this edition, hosts John Simek and Sharon Nelson welcome Joe Meadows for a discussion about internet defamation. They outline what constitutes online defamation and talk about the key issues lawyers need to consider in this highly nuanced practice area. Joe discusses current trending cases and gives his take on the future of defamation case development.

Apr 2019

25 min 44 sec

In this episode, hosts Sharon Nelson and John Simek talk to Brett Burney about what lawyers need to know about digital forensics on mobile devices. They discuss Brett’s mobile data collection spectrum, which outlines methods of data collection and preservation for lawyers and their clients. Brett gives tips on what lawyers should consider in these processes to ensure the best results, including the importance of hiring digital forensics technologists when lawyers are uncomfortable with technology.

Mar 2019

31 min 19 sec

In this 100th episode, Sharon Nelson and John Simek talk to Sherri Davidoff about her career as a penetration tester and what she has developed with the companies in the area of cybersecurity. They discuss why law firms should consider pen testing in order to illustrate areas of weakness in security and become better protectors of their information. They also get a sneak peek of Sherri’s upcoming sessions at ABA TECHSHOW 2019.

Feb 2019

27 min 21 sec

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, 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.

Jan 2019

27 min 35 sec

How can lawyers keep up with developments in the cybersecurity world? Legal professionals need to be educated, but finding the most reputable sources for information can be a challenge. In this episode, Sharon Nelson and John Simek talk about their favorite cybersecurity resources for lawyers. They discuss how they go about keeping up with the latest innovations and give personal recommendations on where to find information you can trust.

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Dec 2018

25 min 23 sec

In this day and age, cybersecurity should be essential to any law firm. Hosts Sharon Nelson and John Simek are joined by Kellam Parks, a managing member of Parks Zeigler, PLLC in Virginia Beach, to discuss why cybersecurity is essential to your firm, incident response plans, cyberinsurance, cybersecurity measures, and Kellam’s impressions of solos/small firm’s cybersecurity awareness and preparedness.

Nov 2018

26 min 1 sec

Hosts Sharon Nelson and John Simek talk to David Ries about the need for law firms to develop a quick and logical way to respond to a data breach. They explain the steps in creating an incident response plan and how to rehearse its execution. In the event of a breach, firms can use their plan to quickly eradicate threats and take corrective action. Hackers’ tactics are constantly evolving, but there are many resources to help lawyers keep pace with the threat.

Oct 2018

24 min 19 sec

Just because you get Office 365 installed and working properly doesn’t mean that it’s automatically secure. 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.

Sep 2018

30 min 5 sec

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. 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.

Aug 2018

32 min 47 sec

The General Data Protection Regulation (GDPR) has garnered a lot of attention in a time where data protection has become a hot topic. 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.

Jul 2018

23 min 34 sec

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. 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 place.

Jun 2018

25 min 9 sec

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? 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.

May 2018

26 min 45 sec

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 is just now beginning to take root in the legal industry even after many years of budding popularity.

Apr 2018

29 min 32 sec

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.

Mar 2018

30 min 47 sec

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.

Feb 2018

29 min 37 sec

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.

Jan 2018

32 min 47 sec

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 a unacceptable invasion of privacy, the current actions allowed by the Fourth Amendment, and whether you have the right to refuse to unlock your device. Sophia Cope is a staff attorney at the Electronic Frontier Foundation. The non-profit advocacy organization works at the intersection of civil liberties and technology. Special thanks to our sponsors, PInow and SiteLock.

Dec 2017

17 min 53 sec

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.

Nov 2017

22 min 53 sec

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.

Oct 2017

30 min 41 sec