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Digital Detectives — News
Digital Detectives

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.

Copyright: © Legal Talk Network

Latest Episodes:

Dos and Don'ts of a 30(b)(6) Witness Deposition Oct 24, 2019

Show notes

Ambiguities under current rules often lead to a variety of problems with 30(b)(6) witness depositions. Sharon and John talk with nationally known litigation consultant Tom O'Connor about the scope of these issues and his tips for avoiding common pitfalls on both sides of the deposition process. Tom offers colorful examples from his many years as a consultant, addressing matters surrounding witness qualification, hostile witnesses, preservation, and more!

Check out Tom's blog series on this topic: The Dos and Don'ts of a 30(b)(6) Witness Deposition

Tom O'Connor is a nationally known consultant, speaker and writer in the field of computerized litigation support systems.

Special thanks to our sponsor, Logikcull.

How Lawyers Collect and Properly Authenticate Evidence from the Web Sep 30, 2019

Show notes

The collection of critical web-based evidence could make or break a case, but many lawyers aren't quite sure how to go about it. Digital Detectives' Sharon Nelsonand John Simekget expert advice from Brett Burney on best practices for collection and authentication of online evidence. They discuss several real-world examples of major collection mistakes lawyers have made and offer suggestions for tools that can preserve and produce evidence properly.

Brett Burneyis Principal of Burney Consultants LLC, and focuses the bulk of his time on bridging the chasm between the legal and technology frontiers of electronic discovery. He is also the author of the free download eDiscovery Buyers Guide at www.ediscoverybuyersguide.com.

Special thanks to our sponsor, PInow.

ABA Passes Resolution Urging Legal Profession to Study Legal and Ethical Issues of AI Aug 29, 2019

Show notes

Lawyers are excited by the potential of new tech tools using AI, but how can they be sure they're legal and ethical? This lack of clarity has led the ABA to call for a deeper look at these tools and their use in the profession. In this Digital Detectives, hosts Sharon Nelson and John Simek are joined by Ed Walters to discuss the recently passed resolution urging the study of issues surrounding artificial intelligence. They discuss the importance of moving forward with technology in the profession while still ensuring that new tech is held accountable through audits and product transparency. They also review some of the positive and negative things going on in the AI space and give their take on its future.

Ed Walters is CEO and co-founder of Fastcase.

Special thanks to our sponsor, PInow.

Digital Dilemma: Your IoT Device May Be Testifying Against You Jul 23, 2019

Show notes

It's been estimated that about 8 billion "things" are connected to the Internet, and that the number of connected "things" could exceed 20 billion by the end of 2020. Sharon Nelson and John Simek are joined by Gail Gottehrer to explore the scope of the Internet of Things. It is critical to understand what data these devices collect, the privacy and security issues associated with them, and how IoT data can be, and has been, used as evidence in court. They also discuss recent legislative efforts to regulate the IoT at the state and federal level and the litigation that may result from them.

Gail Gottehrer is the founder of the Law Office of Gail Gottehrer LLC in Stamford, CT. Her practice focuses on emerging technologies as well as the digital security laws and ethical issues arising from them.

Special thanks to our sponsor, PInow.

Guidance for Lawyers with Cybersecurity Paralysis Jun 25, 2019

Show notes

Many lawyers fear the topic of cybersecurity simply because they don't understand it. What developments do they need to know about? What protections to they need to put in place? In this episode of Digital Detectives, Sharon Nelson and John Simek offer guidance for lawyers with cybersecurity paralysis. They discuss the reasonable steps to take to improve security based on firm size and types of information held. Additionally, they encourage firms to invest in staff training and outline the steps to take if a breach has occurred.

Special thanks to our sponsor, PInow.

Data Breach Lawyers: A View from the Trenches May 28, 2019

Show notes

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 Digital Detective 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.

Darius Davenport is a partner and chairman of the Cybersecurity and Data Privacy Practice Group of Crenshaw, Ware & Martin.

Special thanks to our sponsor, PInow.

Internet Defamation: What Lawyers Need to Know Apr 18, 2019

Show notes

What do lawyers need to look out for when handling a defamation case? In this edition of Digital Detectives, 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.

Joe Meadows is a former DOJ attorney and current partner with Bean, Kinney & Korman in Arlington, Virginia. He focuses on internet defamation, cyber-attacks, and business dispute litigation.

Special thanks to our sponsor, PInow.

Digital Forensics on Mobile Devices Mar 28, 2019

Show notes

In our increasingly mobile world, lawyers face many new challenges in digital forensics for their practice. In this episode of Digital Detectives, 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.

Brett Burney is Principal of Burney Consultants LLC, and focuses the bulk of his time on bridging the chasm between the legal and technology frontiers of electronic discovery. He is also the author of the free download eDiscovery Buyers Guide at www.ediscoverybuyersguide.com.

Special thanks to our sponsor, PInow.

Breaking and Entering: The Fascinating Life of a Professional Pen Tester Feb 26, 2019

Show notes

What are the distinctions between penetration testing and vulnerability assessments? In this 100th episode of Digital Detectives, 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.

Sherri Davidoff is a cybersecurity expert, author, speaker and CEO of both LMG Security and BrightWise, Inc.

Special thanks to our sponsor, PInow.

eDiscovery: Major Developments in 2018 and a Look Ahead Jan 30, 2019

Show notes

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 of Digital Detectives, 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.

Doug Austin is the vice president of products and services for CloudNine.

Special thanks to our sponsor, PInow.

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