Digital Detectives

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 on complex business litigation in state and federal courts. He also created a CLE training program called Excel Esquire to give attorneys the skill they need to successfully navigate in Excel. Special thanks to our sponsors, PInow and SiteLock.

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 to your clients. Brian Wommack leads the strategic communications practice of Cameron LLP, often advising on high-profile and high-stakes matters including cyber intrusion and data breach contingency planning and response. Special thanks to our sponsors, PInow and SiteLock.

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 cybersecurity. Denver Edwards is a principal at Bressler, Amery & Ross, P.C. in New York and works in the firm’s securities department. Special thanks to our sponsors, PInow and SiteLock.

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 into confidential data. James McCauley is the Ethics Counsel for the Virginia State Bar. He teaches professional responsibility at the T.C. Williams School of Law and served on the ABA’s Standing Committee on Legal Ethics and Professionalism from 2008-2011. Special thanks to our sponsors, PInow and SiteLock.

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 management. Tom Lambotte integrated his deep passion for Macs with his successful entrepreneurial skills to create GlobalMac IT, a company that aims to support Mac-based law firms. Special thanks to our sponsors, PInow and SiteLock.

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 longtime adjunct professor teaching Digital Evidence at the University of Texas School of Law. He writes and speaks around the world on e-discovery and computer forensics. Special thanks to our sponsors, PInow and SiteLock.

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 shares about why lawyers need TSCM, how these sweeps are performed, and provides tips on how to protect yourself from situations that could compromise your confidential information. Charles Patterson has over 35 years experience in the security field. Previous to his current position as Exec Security president, he spent 17 years traveling throughout the United States and the world working in executive protection and providing tech support to security teams. Special thanks to our sponsors, PInow and SiteLock.

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 smishing both in your personal and professional life. Joe Hamblin, director of IT operations for Sprint’s emerging platforms, has more than 25 years of IT experience. In his current position he is responsible for end-user platform engineering including collaboration, Identity Access Management (IAM) and device engineering/management. Special thanks to our sponsors, PInow and SiteLock.

To those unfamiliar with ransomware, it is a malicious software that effectively holds your files hostage until you pay a ransom. For lawyers, this could mean losing or compromising the data that keeps your business running smoothly. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek discuss this malware with the CEO of LMG Security, Sherri Davidoff. Sherri divulges what we know about ransomware, what to do when it has infected your computer, and how to prevent data loss. While there are few ways to stop the infection when it has started, backing up your information and educating your team on malware countermeasures can significantly lessen ransomware’s impact on your business. Sherri Davidoff is the CEO of LMG Security, a cybersecurity and digital forensics company. She has more than a decade of experience as an information security professional, specializing in penetration testing, forensics, social engineering testing and web application assessments. Special thanks to our sponsors,

With the rise of legal technology came a heightened awareness amongst lawyers and law firms of the importance of cyber security to ensure that one's own, and the clients’, assets are protected. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek sit down with former law enforcement officer and High-Technology Crime Unit detective Keith Lowry to discuss governmental cyber security policy under President Obama and how those policies might change during the administration of President-elect Trump. Keith Lowry has more than 25 years of experience implementing, managing, and directing insider threat, counterintelligence, and intelligence collection programs. Special thanks to our sponsors, PInow and SiteLock.

The rapid embrace of emergent technologies has flooded the legal marketplace with new tools and processes to help make attorneys’ daily lives better in every way. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek sit down with CloudNine Vice President of Professional Services Doug Austin to discuss the hottest changes and trends surrounding e-discovery. Special thanks to our sponsors, PInow and SiteLock.