Digital Detectives

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 preparation for high-risk technological emergencies. In light of this, what should your law firm or company do to prepare for one of these potentially imminent situations? In this episode of Digital Detectives, Sharon Nelson and John Simek interview Martin Tully, co-chair of Akerman LLP’s Data Law Practice, about why his firm decided to implement a data breach law group, how data security fits in with current e-discovery and information governance practices, and what every company should include in an incident response plan. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 ethical responsibility all lawyers have to their clients with regard to social media and due diligence. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 terminology over “predictive coding” or “computer-assisted review.” He explains that training the TAR program effectively is important, but the technology has progressed to a point where TAR will be successful as long as the training is sufficient and the scope of the team is in line. Finally, since the predictive coding programs are very expensive he explains when a case is big enough to warrant its use. Stick around to the end for a tip on using Federal Rule of Evidence 502 in court. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Sharon Nelson and John Simek interview The Law of Robots Professor Ed Walters. Together they discuss our robotic world and potential future risks. Can humans keep up, will our laws protect us, and how worried should we be? Tune in to hear insight on these questions plus many more. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 with the exception of DNA, no forms of forensic science comply with scientific methodology. Waxse discusses the jury’s confidence in unproven science experts and witness testimony and the resulting wrongful convictions. He explains why people are just now becoming concerned with the 2009 report and discusses why The Willingham Case is relevant. Waxse plans to hold a symposium in April 2015 at Northwestern Law School in Chicago to consider with experts how to educate judges and lawyers in the criminal justice system about this issue. Learn more about your ad choices. Visit megaphone.fm/adchoices

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. There is a mandate, he explains, that after 2019, all federal agencies must provide all of their permanent records to the archives in electronic or digital form. Because of this, systems and sophisticated softwares will be required to properly filter and provide access to the data. Baron also discusses information governance as a whole, including privacy, security, discovery, and management, and the need for a Chief Information Governance Officer (CIGO) going into the future. He concludes by praising Richard Braman, a leader in the e-discovery industry, for founding the Sedona Conference and creating the Cooperation Proclamation. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 and individuals are now subject to spear phishing, spyware attacks, malware, drive-by downloads, and browsers. What steps are now necessary to keep hackers from accessing your valuable data? And on a separate but equally interesting subject for lawyers, who really was behind the Sony attack? In this episode of Digital Detectives, hosts Sharon Nelson and John Simek analyze the progression of data security over time, look into data loss prevention steps, and consider each potential suspect of the Sony hack. Nelson describes the internet security suites that have been developed to include protection from all different types of attacks. However, she explains, these security systems are unlikely to keep out a sophisticated and determined hacker who is specifically targeting a corporation, law firm, or individual. The newer systems simply try to detect the infiltration and respond to it, observing what data is compromised and trying to identify the hacker. Simek explains several systems that are being used for security including data loss prevention, intrusion detection, and Security Information and Event Management (SIEM) products which correlate data to figure out what's normal. Nelson and Simek then go on to analyze why Sony was attacked and who may have done it. The hosts explain security blogger Bruce Schneier's theories on the suspects ranging from an official North Korean military operation to a disgruntled ex-employee. Listen to the podcast to hear the hosts' strong case for who they think the hacker was. Nelson also reviews Sony's reaction to the security attack. Stay tuned until the end for the NSA's rumored ability to create a cyber defense system and the international implications of an automated cyber attack response. Learn more about your ad choices. Visit megaphone.fm/adchoices

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, and they need to be asking the right questions. What does the data governance solution need to do, how much does it cost, what are the time constraints, and how complex is the system? In this episode of Digital Detectives, Sharon Nelson and John Simek interview technology marketer Rob Robinson about the current and future trends in data governance, how to choose an e-discovery provider, and events that will influence e-discovery and information governance in 2015. Robinson explains that the combination of software and services that make up the worldwide market for e-discovery in 2014 is just over 6.2 billion dollars and is growing at a consistent rate. He breaks the market down into three categories: developers who create and sell proprietary technologies or services, integrators who package and resell available services with custom development, and aggregators who combine and resell the technologies and services developed and purchased from others. Going into the future, Robinson discusses his excitement over advances in predictive coding, visual classification, and enhancing e-discovery processing. Also, due to corporate pressure for time and cost compression, these e-discovery solutions should continue to become cheaper and more time efficient. At the end of the podcast, Robinson discusses his use of social media to research trends in the information governance market. Based in Austin, Texas, Rob Robinson is a proven technology marketer who has held senior leadership positions with multiple top-tier legal technology providers. Currently he is a managing partner with technology marketing consultancy ComplexDiscovery Solutions. With a strong interest in eDiscovery, information governance, and social media, Rob writes and posts regularly on technology and marketing topics on his highly referenced ComplexDiscovery blog. Learn more about your ad choices. Visit megaphone.fm/adchoices

"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 and militaries have already developed technologies that are able to hack into important data systems, destroy critical infrastructure, and take down crucial things like power grids and financial systems. If this does not scare you, there are almost no direct laws that deal with the ramifications of cyber attacks, the contractors who built the failing technology, or innocent bystanders. On this episode of Digital Detectives, Sharon Nelson and John Simek interview cybersecurity expert David Bodenheimer about the effects of cyber attacks, whether they are likely to proliferate, the connection between the private sector and government defense, and the legal risks to contractors and bystanders. Bodenheimer first explains how economic cyber crimes are different than cyber war, and gives some examples like the US cyber security threat in 2009, the 2007 cyberattacks on Estonia, and Stuxnet, a computer worm that destroyed many control systems in Iranian nuclear plants. He explains that there is a global cyber race and, in a few years, no self-respecting military will be without cyber attack capabilities. Unfortunately, there are no international treaties or laws that directly govern cyber weapons and war. Bodenheimer also discusses US laws that federal agencies and contractors could face to account for damages. These could include the DHS SAFETY Act, Public Law 85-804, and various legislative proposals, but there is no clean fit. David Bodenheimer is a Government Contracts partner and litigator heading Crowell and Moring's Homeland Security practice. David brings 32 years of experience in doing business with the government. He has represented Fortune 500 companies in cyber disputes with federal agencies, advised on security compliance and cloud standards, and handled a broad spectrum of cybersecurity and privacy issues in the public sector. Special thanks to our sponsor, Digital WarRoom. Learn more about your ad choices. Visit megaphone.fm/adchoices