Digital Detectives

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 McLean, Virginia. A past President of the American Health Lawyers Association, he teaches Health Law and Health and Information Technology as an adjunct professor at American University, Washington College of Law, and George Mason University School of Law. Special thanks to our sponsor, Digital WarRoom. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Digital Detectives, hosts Sharon D. Nelson, Esq. and John W. Simek invite long-time friend Judge Tran to discuss how his colleagues keep up to date on technology, his views on cooperative discovery as both a judge and a past litigator, and what he’s seen as the best way to address discovery in the courtroom. Judge John M. Tran started his career at a boutique litigation law firm in Virginia where he had extensive experience in e-discovery matters, in both the state and federal court. Now he is a state judge in the Fairfax Circuit Court, in the 19th judicial circuit of Virginia. He is a graduate of the George Washington University and the George Washington University Law School. Special thanks to our sponsor, Digital WarRoom. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 controversy, how effective (or ineffective) encrypting data is, whether the surveillance is having a chilling effect on lawyers, how to abide by the Model Rules of Professionalism 1.6, and an answer to the underlying question - has George Orwell’s dystopia, 1984, arrived a few decades late? Learn more about your ad choices. Visit megaphone.fm/adchoices

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 discuss cyber-risk management for lawyers. Steven Chabinsky is senior vice president of legal affairs, general counsel, and chief risk officer for the cyber-security-technology firm CrowdStrike. He is also is an adjunct faculty member of George Washington University and the cyber columnist for Security Magazine. Prior to joining CrowdStrike, Chabinsky had a distinguished 17-year career with the FBI, during which he was the top cyber lawyer, then the head of the Cyber Intelligence Section, and ultimately deputy assistant director of the FBI's Cyber Division. Tune in to hear the major threats law firms are facing, what lawyers should do if their systems are hacked, and the future of cyber threats and cyber security. Thanks to our sponsor, The Digital WarRoom. Learn more about your ad choices. Visit megaphone.fm/adchoices

This episode of Digital Detectives discusses e-discovery vendor trends. Hosts Sharon D. Nelson, Esq. and John W. Simek welcome entrepreneur and friend Andy Wilson to share his insights on what’s going on in the industry and what’s to come. Andy Wilson is CEO and co-founder of Logik, whose e-discovery platform, Logikcull, was created to make complicated e-discovery projects easy and manageable. He focuses on product design and management and serves as the company’s visionary behind product marketing and strategy. Logik is now offering infinite storage to its customers, and Wilson believes this is the future of storage pricing. Tune in to hear about the impact of the new normal on e-discovery vendors, the consolidation of the marketplace, how vendors need to change to survive, what Wilson predicts will be the next big trend in the field, and more. Thanks to our sponsor, Digital WarRoom. Learn more about your ad choices. Visit megaphone.fm/adchoices

On This edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq. and John W. Simek discuss the Georgetown E-Discovery Training Academy with Tom O’Connor. The training consists of a week-long curriculum for those interested in becoming fluent in e-discovery through small-group discussions and interactive-learning sessions. O’Connor is a senior consultant for Gallivan, Gallivan & O'Melia, creators of the Digital WarRoom e-discovery software. He is co-author of the book E-Discovery for Small Cases: Managing Digital Evidence and ESI. The book was noted by PRWeb as the first book to “mainstream” e-discovery for all cases. He is a frequent author and speaker on legal technology and dedicates his work to making advances in the field. If you couldn’t make it, here’s your chance to learn about the conference: who was there, what they learned, and the plans for next year. Thanks to our sponsor, Digital WarRoom. Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s easy to get caught up in the fast-paced transition to paperless E-discovery review. Firms are now converting evidence into TIFF files. What’s a TIFF file? It’s just an easy way to manage and send large amounts of evidence, right? Wrong. On this episode of Digital Detectives, guest Craig Ball explains that a TIFF image turns the evidence into a small, non-searchable image. “They are not offering you the evidence in anything like the form in which they created and used the evidence.” Ball explained in a recent article, “ Instead, they propose to print everything to a kind of electronic paper, turning searchable, metadata-rich evidence into non-searchable pictures of much (but not all) of the source document.” Ball is a certified computer forensic examiner, a court special master, and author of the Law Technology News Column and blog both titled Ball in Your Court. After years of experience practicing law and winning clients’ cases using technology in the courtroom, he is now a consultant to help courts and lawyers grapple with electronic evidence. On this episode of Digital Detectives, co-hosts Sharon D. Nelson, Esq. and John W. Simek invite Ball to discuss why you should be wary of TIFF files and all the reasons to go native in your E-Discovery file review. Learn more about your ad choices. Visit megaphone.fm/adchoices

Digital Detectives hosts Sharon D. Nelson, Esq. and John W. Simek, president and vice president of Sensei Enterprises, Inc., welcome Stewart Baker of Steptoe & Johnson to discuss the 2013 Verizon Data Breach Report, cybersecurity legislation, and more. • Stewart Baker has been described by The Washington Post as “one of the most techno-literate lawyers around.” His long list of experience includes serving as the first Assistant Secretary for Policy for the Department of Homeland Security and the General Counsel of the National Security Agency. His current law practice covers homeland security matters, travel and foreign investment regulation, international trade, cybersecurity, and data protection. Tune in to hear Baker explain the difference between active defense against cyber-defense and vigilantism, the meaning of the Attribution Revolution, and what President Obama Cybersecurity Executive Order means and how it may be amplified by pending legislation. Learn more about your ad choices. Visit megaphone.fm/adchoices

Find out what the experts in computer security saw at ABA TECHSHOW 2013 - things like attendees with no passcode on their tablets or smartphones and people connecting to insecure networks which monitored their data traffic (through a scary device called a Pineapple). Digital Detectives hosts Sharon Nelson, Esq. and John Simek, president and vice president of Sensei Enterprises, Inc., welcome Ben Schorr of Roland Schorr to talk about the best ways to secure your home and office devices Ben Schorr has been a technical consultant for businesses for two decades. Microsoft named him Most Valuable Professional (MVP) for both their Outlook product group and their OneNote product group. He was recently named by the Pacific Technology Foundation as one of the Top 50 Technology Leaders in Hawaii, where he is CEO of Roland Schorr, an IT management and support company. This episode will help you understand how to connect to the Internet securely when you are out of the office, to create secure passwords for your devices, to keep your security patches up-to-date, to backup and do test restores of your data, and more. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this October edition of Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises, join returning guest, attorney Craig Ball, to talk about special masters in e-discovery. Craig describes how an ESI special master gets involved in a case, what a special master does to fix broken discovery efforts and how to select an ESI special master. Learn more about your ad choices. Visit megaphone.fm/adchoices