Podcasts about digital warroom

Rockin’ Dave Blair is in the saddle today with “Tech Geezer” Jim Walsh. Dave brought with him a mixed bag of guests. Listen in to hear from leaders in the manufacturing, cybersecurity, and cement industries. We are in such an era where mobile Applications allow us to do almost everything online. Just like Digital WarRoom […] The post MANUFACTURING, CEMENT, & CYBER SECURITY appeared first on The Tech Ranch.

Today, we're discussing an interesting and important subject that I have been ignoring for too long: eDiscovery.   I had sort of willingly ignored this subject because I didn't fully understand it and didn't see it's applicability to my practice areas, but our industry has gotten to the point that we simply can't keep ignoring the needs and requirements of eDiscovery, especially given some recent changes in professional conduct rules for attorneys.   To teach us more about what eDiscovery is and why being mindful of it is so critical these days, we're joined by returning guests Brett Burney and Chelsey Lambert, who teamed up create the eDiscovery Buyers Guide. These two have a lot of valuable insight, and they created an extremely helpful resource that all small firm and solo attorneys should definitely take a look at.   Resources: Learn more at http://www.ediscoverybuyersguide.com Page Vault: https://www.page-vault.com/ (https://www.page-vault.com/) CaseFleet: https://www.casefleet.com/ Logikcull: https://www.logikcull.com/ Lexbe: https://www.lexbe.com/ Digital WarRoom: https://www.digitalwarroom.com/   If you've enjoyed the podcast, please head to iTunes and leave a rating & review for the show! It only takes a moment, and really helps me to reach new listeners. You can also head to the website at TheLawEntrepreneur.com for more information on the podcast and my legal services.   --   Thank you to our sponsors! Juris Diction - Next Level Law Practice is Juris Diction's new training program for estate planning attorneys that want to start or grow profitable and streamlined businesses. Use code TLE150 for $150 off of your course registration at http://thrivejd.com/ (thrivejd.com). Ruby Receptionist - Virtual receptionist & live call services that will help you grow your office (and save money), one call at a time - to learn more, go to callruby.com/lawentrepreneur or call 844.895.7829 Daylite by Marketcircle – business productivity apps specifically for Apple products, with cloud syncing between your Macs, iPhones, & iPads Spotlight Branding – Web presence and branding for law firms - Get a FREE web assessment at spotlightbranding.com/tle The Law Entrepreneur is produced by Podcast Masters

"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.

Discovery, as all lawyers know, is the process of collecting and exchanging information about the court case to prepare for the trial. Traditionally, this was done by many lawyers over countless billable hours in which every page of potential evidence was examined for important information. Because of this, the more information existed in reference to a case, the more expensive the case was. As technology developed, law firms began using computers to do keyword searches and conceptual searches. Unfortunately, there were problems including picking the right keywords or concepts, misspelled words, how to structure the items, and that these searches only yielded 20% of important data. Recently, technology has advanced to predictive coding, or teaching a computer program to think like a lawyer would. But how cost effective and practical is predictive coding, and how well does it actually work? In this episode of The Digital Detectives, Sharon Nelson and John Simek discuss the evolution of technology and case discovery, how predictive coding works and is priced, and examples of cases that have involved predictive coding. Simek first explains the importance of culling, or filtering out unimportant data sets through DeNISTing, deduping, or filtering by dates. He then explains predictive coding in its simplicity: to feed a computer program information based on discovery attorneys have already done until the computer can accurately predict which information is important. Simek and Nelson then go on to examine the prices vendors charge for the predictive coding process and in which cases it might be profitable for the law firm or client. There is a steep, expensive learning curve involved; many mid-sized law firms probably will not profit and even very large cases only save an average of 15% using predictive coding. However, Nelson explains, predictive coding is the future of discovery, so it is important for lawyers to pay attention to when the benefits outweigh the costs. Nelson concludes the podcast by giving examples of when predictive coding has already appeared in court cases. The landmark case was Da Silva Moore v. Publicis Groupe, in which Magistrate Judge Andrew Peck allowed predictive coding to be used as long as the defense and prosecution agree to its use, there are a large volume of documents, it is the superior technology, it is more cost effective, and it is transparent and defensible. Inevitably, the conclusion is that it is not for the judge to micromanage the discovery process. Special thanks to our sponsor, Digital WarRoom.

In 2006, the Federal Rules of Civil Procedure rule-makers developed and put into practice amendments dealing with electronically stored information (ESI) and e-discovery. However, most of those involved believed these amendments did not adequately deal with lost or missing ESI or "the spoliation issue." In 2014 the rule-makers proposed Rule 37(e), which deals with the issue of spoliation equally across all federal courts, resolving the issue of inherent authority, or judges making decisions individually for each case. What are these changes and how will they affect the way businesses deal with e-discovery and data preservation? In this episode of The Digital Detectives, Sharon Nelson and John Simek interview ESI preservation expert James Kurz about how Rule 37(e) works and what the consequences are for the future of ESI preservation. Kurz explains that the rule, which only deals with ESI, proposes a three part test before considering spoliation issues: the ESI should have been preserved in the anticipation or conduct of litigation and is lost, the ESI was lost because the party failed to take reasonable steps to preserve the information, and the missing information cannot be restored or replaced with additional discovery. If this test is passed, the federal court may then impose remedies, or if intention is proved, order more serious sanctions. He explains that Rule 37(e) will make a more homogenous legal process for e-discovery, and will solve some of the controversy surrounding the costs of ESI preservation and e-discovery for businesses. Although the rule faces the Judicial Court, Supreme Court, and then Congress, Kurz believes it will go through and be effective in December 2015. James Kurz is a partner in the Alexandria VA law firm of Redmon, Peyton and Braswell LLP. His practice focuses on business litigation, including computer, software, and communications technologies cases. He also has an emphasis in the challenge of electronic discovery and the issues of information governance and co-wrote the white paper "The Long-Awaited Proposed FRCP Rule 37(e), Its Workings and Its Guidance for ESI Preservation." Special thanks to our sponsor, Digital WarRoom.

Despite all the attention that e-discovery has received over the last decade, it is still a relatively new part of the litigation process. For those lawyers who were never exposed to e-discovery in law school or their formative years, the systems and products involving data collection and analysis can be overwhelming and complex. How much do lawyers need to know about information governance, data collection, data analysis, managed document review, and electronically stored information (ESI)? Alternately, for those data collection practitioners who are already intricately involved in the culling and analysis, how is the technology and process changing? In this episode of Digital Detectives, Sharon Nelson and John Simek interview e-discovery solutions expert Aaron Lawlor about what is involved with ESI and data collection, current trends in data analysis, and future advances in technology and process. Lawlor urges every litigator to become experienced with the state and federal rules involving e-discovery in order to better serve their clients. He explains the process of research and documentation of key players in the case, and then collecting, analyzing, and refining any relevant information before presenting to the counsel. In order to facilitate this process, lawyers and data collectors narrow the data set early by a process of visualizing connections and communication mapping. It is important, Lawlor says, for every lawyer to become familiar with e-discovery and data collection, since it is an increasingly important source of information. Aaron Lawlor is the senior director of Global Legal Solutions at UnitedLex Corporation. He has spent the past decade addressing his clients' e-discovery needs, first as an attorney at Am Law 100 firm, then as the cofounder of a boutique consulting and managed document review company. His company was acquired by UnitedLex in 2013 and, in his current role, he partners with in-house and outside council to implement value-driven e-discovery solutions. Special thanks to our sponsor, Digital WarRoom.

Every law firm can run into incidents of employee misconduct, data breaches, and intellectual property theft. In the age of modern technology, data breaches, insider trading, and other security problems require extensive technological forensics. Partners and firm owners, as well as lawyers working within the firm, need to understand why a digital investigation is needed, what steps should be taken within an investigation, and who should be involved. Having this knowledge can save the firm thousands of dollars while uncovering the truth. In this episode of Digital Detectives, Sharon Nelson and John Simek interview ediscovery and compliance attorney Patrick Oot about how attorneys should be prepared on technology issues when they start to investigate criminal and civil matters. Everyone leaves technology footprints, Oot explains. Whether dealing with an internal investigation or with client data, the most important asset is unbiased, comprehensive, and well documented research. When hiring a digital investigator, the firm should always find an outside expert who is experienced with data breaches, understands how data moves through the system, and can manage proper narrative to the regulators. Properly conducting a digital investigation can make the difference in the credibility and success of a law firm. Patrick Oot is a partner in the DC office of Shook Harty and Bacon LLC where he leads the practice on e compliance and digital investigations. He is one of the few ediscovery and compliance attorneys in the nation that possesses the tripartite experience of an in-house corporate counsel from a fortune 16 organization, a senior attorney at a federal regulatory agency, and a partner in a large law firm. Patrick has extensive experience advising on discovery and investigative matters involving commercial litigation, compliance, regulatory requests, antitrust matters, and personnel issues. Special thanks to our sponsor, Digital WarRoom.

All lawyers have an ethical obligation to employ security measures when sharing information and data with their clients. Whether that means encrypting all important emails or properly researching cloud based file-sharing services like Dropbox, it is incumbent on lawyers to understand the levels of security available. LexisNexis recently did a survey on what tools lawyers and legal professionals are using to protect their clients' privileged information. 77% of the lawyers surveyed did not have adequate security for their confidential client data. How important is encryption and what can lawyers do to change the way they share data? On this episode of Digital Detectives, Sharon Nelson and John Simek interview Bob Ambrogi, a lawyer and journalist who recently wrote about the LexisNexis survey. They ask him about the implications of the survey, what security measures lawyers should be taking, how frequently clients are hurt by lack of security, and why lawyers are generally resistant to learning about data encryption. Ambrogi explains that an overall lack of information, ignored ethics rulings, lack of time, and assumed difficulty are the reasons lawyers often refuse to learn how to safely share data. He encourages lawyers, especially the ones in small or solo firms, to seek out a consultant to learn about the relatively easy encryption tools and techniques. After all, no lawyer wants to be a part of the 77%. Bob Ambrogi is a Massachusetts lawyer and journalist and has covered legal technology and the Internet for two decades. He writes the "Ambrogi on Tech" column for the ABA Journal and his blog LawSites, launched in 2002, is in the ABA Journal Blawg 100 Hall of Fame. Since 2005, he has co-hosted the legal-affairs podcast Lawyer 2 Lawyer also on the Legal Talk Network. Special thanks to our sponsor, Digital WarRoom.

On February 12th of 2008, the FBI announced that it had hired Lockheed Martin to build its Next Generation Identification system (NGI) to deploy multimodal matching to biometric data of US citizens. Today, NGI's database contains several types of unique identifiers including fingerprints, iris prints, and facial recognition. On this episode of Digital Detectives, hosts Sharon Nelson and John Simek interview Jennifer Lynch from the Electronic Frontier Foundation. Together they discuss false identifications, mandatory background checks, and the First Amendment right to be anonymous. Tune in to learn more about EFF's FOIA request and how the FBI is using the data of the innocent to look for guilty parties. Jennifer Lynch is a senior staff attorney with the Electronic Frontier Foundation, a non-profit organization dedicated to defending civil liberties in the digital world. At EFF, Jennifer works on privacy issues in new technologies such as biometrics, domestic drones, and location tracking devices. She successfully sued the Federal Aviation Administration and Customs and Border Protection to obtain thousands of pages of previously unpublished drone records and has testified about facial recognition and its Fourth Amendment implications before the Senate Subcommittee on Privacy, Technology and the Law. Special thanks to our sponsor, Digital WarRoom.

Some experts believe that, in addition to being prohibitively expensive for law firms to manage, maintaining immense amounts of client data increases the probability that it will be exposed to the public through a security breach or hack. That is why many like-minded firms are outsourcing data management to companies that specialize in it. On this episode of Digital Detectives, hosts Sharon Nelson and John Simek interview Ralph C. Losey from Jackson Lewis P.C. Together, they discuss how to manage large amounts of data, when to outsource, and what to do with unprocessed information. Tune in to learn more about dark data, how to select outside vendors, and hosting costs vs. storage costs. Ralph C. Losey is a shareholder of Jackson Lewis P.C., a law firm specializing in labor and employment law with over 52 offices nationwide and 800 attorneys. Ralph serves as the firm's National e-Discovery Counsel in charge of electronic discovery issues. Ralph has limited his practice to e-discovery since 2006 and is the author of five books on e-discovery law and multiple law review articles. Ralph is also co-founder of the IT-Lex foundation and the Electronic Discovery Best Practices group, and the developer of an online training course in e-discovery, e-DiscoveryTeamTraining.com. Ralph is a frequent speaker at e-discovery conferences worldwide and a leading contributor in the field of Legal Search. Special thanks to our sponsor, Digital WarRoom.

Some technology experts believe it's not a matter of if law firm communications can be hacked, but when. With continuing reports of the NSA and foreign entities monitoring the privileged attorney-client communications of US law firms, lawyers may be required to take additional measures to protect client information. On this edition of Digital Detectives, hosts Sharon Nelson and John Simek discuss the growing dangers and evolving duties for clients and attorneys with cyber security expert David Ries from Clark Hill Thorp Reed. Among the many changes to legal practice are alterations to the Model Rules of Professional Conduct, increased contractual expectations from clients, and a growing need to encrypt portable devices. Tune in to learn more about these developing areas of attorney responsibility. David Ries is a member in the Pittsburgh office of Clark Hill Thorp Reed, LLP where he practices in the areas of environmental, commercial, and technology law and litigation. He regularly deals with privacy and security issues in his practice and frequently writes and speaks on them for legal, professional, and academic groups. Special thanks to our sponsor, Digital WarRoom.

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.

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.

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.

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.

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.

I spoke with Megan Miller, the vice president of marketing for GGO, a legal services provider and the developer of Digital WarRoom about 2013 trends and ways that professionals can address them. She noted, among other items, that law firms want to enhance the quality of the counsel they are providing to their clients and are increasingly leveraging technology to build efficiency. This effort gives law firms and corporate counsel more control while aligning their interests.

I spoke with Megan Miller, the vice president of marketing for GGO, a legal services provider and the developer of Digital WarRoom about 2013 trends and ways that professionals can address them. She noted, among other items, that law firms want to enhance the quality of the counsel they are providing to their clients and are increasingly leveraging technology to build efficiency. This effort gives law firms and corporate counsel more control while aligning their interests.

I spoke with Megan Miller, the vice president of marketing for GGO, a legal services provider and the developer of Digital WarRoom about 2013 trends and ways that professionals can address them. She noted, among other items, that law firms want to enhance the quality of the counsel they are providing to their clients and are increasingly leveraging technology to build efficiency. This effort gives law firms and corporate counsel more control while aligning their interests.

I spoke with Megan Miller, the vice president of marketing for GGO, a legal services provider and the developer of Digital WarRoom about 2013 trends and ways that professionals can address them. She noted, among other items, that law firms want to enhance the quality of the counsel they are providing to their clients and are increasingly leveraging technology to build efficiency. This effort gives law firms and corporate counsel more control while aligning their interests.

I spoke with Megan Miller, the vice president of marketing for GGO, a legal services provider and the developer of Digital WarRoom about 2013 trends and ways that professionals can address them. She noted, among other items, that law firms want to enhance the quality of the counsel they are providing to their clients and are increasingly leveraging technology to build efficiency. This effort gives law firms and corporate counsel more control while aligning their interests.

Lawyers are constantly complaining about the high cost of e-discovery, so why IS the price so high? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc. and John W. Simek, Vice President of Sensei Enterprises welcome Bill Gallivan, founding member and managing executive of Gallivan Gallivan & O’Melia (GGO), to discuss how to avoid the high cost of e-discovery. Bill talks about some trends that are driving costs down, GGO’s Digital WarRoom platform and the high demand for accessible, affordable tools.