Digital Detectives

Hosted by Michael Semanchik, For the Innocent exposes the shocking reality of wrongful convictions through raw, first-person stories from the exonerated. Season 3 returns September 9th featuring powerful accounts from Amanda Knox, JJ Velasquez, Bruce Lisker— three exonerees whose names have become synonymous with injustice— and more. Through their voices, uncover how the justice system failed them, what it took to win back their freedom, and the lifelong impact of being branded guilty while innocent. Plus, hear legal and criminal experts break down the systemic flaws from false confessions and eyewitness misidentifications to flawed forensic science and corrupt police officers. This season uncovers the truth behind America’s most haunting wrongful convictions. Season One and Two are now available. Subscribe to the show on ⁠Legal Talk Network. Learn more about your ad choices. Visit megaphone.fm/adchoices

Bar presidents share strategies, tools and insights for attorneys growing into leadership roles. Learn from real stories of growth, crisis management, and innovation in NCBP’s Leading the Bar podcast. Listen monthly for compelling stories the next generation of lawyer-leaders can use to develop skills, confidence, and vision to lead with purpose and integrity. Subscribe to the show on Legal Talk Network Learn more about your ad choices. Visit megaphone.fm/adchoices

For many years, Sharon Nelson and John Simek have hosted the Digital Detectives podcast to bring practical advice and much needed guidance to help attorneys protect their law firms. In this, their final episode, they finish off with yet another round of current stats on cybersecurity issues and the measures to take to ensure your data’s safety. Sharon and John’s good friend David Ries joins them for this last conversation, where they explain the latest threats and give advice for improving security practices to protect the future of your law firm.  Thank you, Sharon and John, for all the time, energy, and dedication you have poured into Digital Detectives. We wish the best for both of you in your retirement! Your parting words to us should be echoed back to you—please take care of yourselves and each other.  If you should ever need Sensei’s digital forensics, managed technology and managed cybersecurity services, find them at senseient.com. David G. Ries is Of Counsel in the Pittsburgh PA office of Clark Hill, PLC, where he practices in the firm’s Cybersecurity, Data Protection and Privacy Group. Learn more about your ad choices. Visit megaphone.fm/adchoices

A strong foundation for your law firm should be built on sensible cybersecurity policies and procedures. What should that look like? Sharon Nelson and John Simek have a conversation with Mike Maschke about best practices for establishing effective security for your business. Mike walks listeners through a variety of security considerations to be aware of and explains staff training needs, Zero Trust Architecture, keeping software current, encryption protocols, and much more.  Mike Maschke is the chief executive officer and director of cybersecurity and digital forensics at Sensei Enterprises, Inc. Learn more about your ad choices. Visit megaphone.fm/adchoices

Whether you’re willing to admit it or not, no firm is too small to be a target for hackers. Each and every one—from large firms all the way down to solo attorneys—is susceptible to cybersecurity incidents. So, how do you avoid becoming a statistic? Sharon Nelson and John Simek talk with Mark Bassingthwaighte about the bad tech habits of law firms that lead to breaches and what to do to fix your security vulnerabilities.  Check out these resources from today’s conversation:  Social Engineering Awareness Training Vishing – An Old Scam with a New Twist KnowBe4 Blog SANS.org OUCH! Newsletter SenseiEnt.com For more on cyber security risk mitigation from ALPS, subscribe to the ALPS Blog at: https://blog.alpsinsurance.com/blog-subscribe Mark Bassingthwaighte, Esq. has been a Risk Manager with ALPS, the nation’s largest direct writer of lawyers’ malpractice insurance, since 1998. Learn more about your ad choices. Visit megaphone.fm/adchoices

AI is capable of doing so many things in the legal tech world, not least of which are its uses in digital forensics. Sharon Nelson and John Simek welcome Shashi Angadi to discuss AI’s current applications in cybersecurity—including threat detection, analysis, evidence gathering, and more. Shashi offers real-world examples of AI at work and shares his thoughts on what we might expect in the future of generative AI technologies.  Shashi Angadi is CTO at Exterro and one of its original co-founders. Learn more about your ad choices. Visit megaphone.fm/adchoices

We all know generative AI is making significant waves all over the world, but lawyers need to take a hard look at its implications in the law and their own legal practice. John Simek and Sharon Nelson welcome Doug Austin to discuss AI technologies and their impacts on attorneys. They cover notable legal cases, new ABA resolutions, the latest AI trends in legal practice, and much more.  Doug Austin is an established eDiscovery thought leader with over 30 years of experience providing eDiscovery best practices, legal technology consulting, and technical project management services to numerous commercial and government clients. Mentioned in this Episode: Resolution 112 - American Bar Association   Resolution 700 - American Bar Association  Resolution 604 - American Bar Association  The GPTJudge: Justice in a Generative AI World Learn more about your ad choices. Visit megaphone.fm/adchoices

Employees within your organization are likely a bigger risk to your cybersecurity than threat actors from without. Why? Because it very often takes an insider to let in an outsider. Sharon Nelson and John Simek talk with Mike Barnsback about prevention strategies for both internal and external threats. Mike explains common tactics employed by cyber attackers and how the right policies and training can protect your firm from a breach.  Mike Barnsback is managing partner of O’Hagan Meyer in Alexandria, Virginia, where he counsels employers on issues concerning internal monitoring and data breach response obligations and procedures. Learn more about your ad choices. Visit megaphone.fm/adchoices

BakerHostetler’s latest data security report is here, and while the threat landscape is proving to be as consistent as ever, companies have been doing a better job at identifying and containing breaches more quickly. Sharon Nelson and John Simek dig into the details of the report with Joe Bruemmer, helping listeners understand current data breach trends and how to best protect against attacks. For more on BakerHostetler’s 2023 Data Security Incident Response Report check out the key takeaways or get complimentary access to the full report. Joe Bruemmer is a partner in BakerHostetler’s Digital Risk Advisory & Cybersecurity Team and is the Ohio Digital Assets and Data Management leader. Learn more about your ad choices. Visit megaphone.fm/adchoices

The world’s ever-growing tsunami of digital data creates a huge need for technology capable of filtering it for modern e-discovery processes. So, what’s the best tool for the job? Sharon Nelson and John Simek talk with Andy Wilson about why AI is perfectly equipped to deal with massive data sets, saving people the time (and tedium) historically associated with discovery. Andy discusses current uses of AI in e-discovery and goes on to explain its applications in redactions, legal holds, audio review, transcriptions, and much more. Andy Wilson is co-founder and CEO of Logikcull. Mentioned in this episode: Culling Reloaded: 10 New Ways to Be in Control of Your eDiscovery Reality Is It Worth the Time? - xkcd Learn more about your ad choices. Visit megaphone.fm/adchoices

AI is already changing the legal profession, and law schools have a responsibility to stay on the cutting edge of this technology to equip future lawyers with all they need to know about its impacts and uses. Sharon Nelson and John Simek talk with Dean Andy Perlman about the current landscape of AI in legal practice and education. They discuss ChatGPT’s debut, shaping ethical and socially responsible uses of AI, the importance of embracing AI in legal education, and much more. Andrew Perlman is the dean of the Suffolk University Law School and the inaugural chair of the governing council of the ABA Center for Innovation. Learn more about your ad choices. Visit megaphone.fm/adchoices

Cyber attacks are almost entirely responsible for today’s data breaches, and, increasingly often, the details of these breaches are vague—leaving security experts with a growing list of questions. Sharon Nelson and John Simek talk with James Lee about the Identity Theft Resource Center’s latest Data Breach Report. They discuss current trends, the challenges of nebulous data breach notices, and what all organizations should be on the lookout for in the coming year. James E. Lee is Chief Operating Officer at the Identity Theft Resource Center. Learn more about your ad choices. Visit megaphone.fm/adchoices

There’s no “set it and forget it” for your law firm’s cybersecurity. Effective security is a continuing process, and the start of a new year is a great time to see how your firm is doing. Sharon Nelson and John Simek talk with David Ries about how to give your firm a cybersecurity checkup. They outline what lawyers need to include in their assessment and where to find reliable information on the latest security tools, training, resources, and statistics.  David G. Ries is Of Counsel in the Pittsburgh PA office of Clark Hill, PLC, where he practices in the firm’s Cybersecurity, Data Protection and Privacy Group. Learn more about your ad choices. Visit megaphone.fm/adchoices

Cyber criminals aren’t taking time off for the holidays. In fact, Sharon and John had a surprise Thanksgiving morning when they learned that hackers had attacked their own company over 400 times throughout the night. Thankfully, their security wasn’t breached, but this experience highlighted for them once again the increased risk we all face as the holiday season approaches. To keep you from getting the gift of ransomware for Christmas, Sharon and John give a comprehensive overview of ways to recognize suspicious activity and combat cyber attacks. Learn more about your ad choices. Visit megaphone.fm/adchoices

Communicating with clients is essential to good lawyering, but doing so without proper precautions could set you up for trouble. Sharon Nelson and John Simek discuss the ethics of lawyer communications with Daniel Siegel, an attorney and current chair of the Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility. They talk through the new guidance issued by this committee and best practices for secure communications through email, smartphones, and more. Learn more about your ad choices. Visit megaphone.fm/adchoices

Rapid changes in cybercrime and the security that keeps it at bay have left many lawyers’ heads spinning. With so much continuous change, how do you keep up with ethical cybersecurity needs for your firm? To help lawyers understand current best practices, Sharon Nelson and John Simek talk through the must-have measures legal ethicists deem essential for all law firms and offer tips for finding cyber-insurance at an affordable price. Learn more about your ad choices. Visit megaphone.fm/adchoices

ILTACON’s peer-driven approach strives to provide a unique experience for the legal industry with its heavy focus on education and attendee involvement. Sharon Nelson and John Simek welcome Doug Austin to debrief on ILTACON 2022. They cover highlights, lowlights, and how the conference stacks up against other legal tech events. Doug Austin is an established eDiscovery thought leader with over 30 years of experience providing eDiscovery best practices, legal technology consulting, and technical project management services to numerous commercial and government clients. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the midst of Alex Jones’ defamation trial, the whole world found out that an almost unthinkable blunder had been committed by his attorneys, resulting in an inadvertent waiver of privilege that majorly impacted his case. How did this happen? What do legal professionals need to learn from this high-profile gaffe? Digital Detectives hosts Sharon Nelson and John Simek welcome Craig Ball to talk listeners through events in the Jones trial, the actions of the lawyers involved and Texas’ unique rule regarding inadvertent production, and the systems and tools all attorneys must employ to avoid such an egregious error in their own practice. Read Craig’s full blog post on the subject: Ripped From the Headlines: Alex Jones and Inadvertent Waiver.  Craig Ball practices as a Special Master in electronic evidence and discovery, is a longtime adjunct professor at Texas School of Law and Tulane Law School, and writes and speaks around the world on e-discovery and computer forensics. Learn more about your ad choices. Visit megaphone.fm/adchoices

Studies show that over 70% of people haven’t the foggiest idea who to call first when they discover a data breach. If you’ve just realized you’re one of them, tune in! John Simek and Sharon Nelson talk with cybersecurity lawyer Beth Waller about what lawyers need to know about data breach response and how to have a proactive, compliant cybersecurity plan. Beth Waller is chair of the Cybersecurity and Data Privacy Practice at Woods Rogers. Learn more about your ad choices. Visit megaphone.fm/adchoices

Unfortunately, data breaches are becoming a ‘when’, not ‘if’, scenario, but a proactive data protection strategy will definitely help! Sharon Nelson and John Simek talk with Peter Baumann about what businesses should do to get ahead of threat actors and develop effective responses to breaches. They discuss the risk distinctions between structured and unstructured data, talk about lawyer-specific data considerations, and explain how to assess your security needs and get the right tools for the job. Peter Baumann is CEO and founder of ActiveNav, a leading data privacy and governance software provider. Learn more about your ad choices. Visit megaphone.fm/adchoices

Avoiding a data breach should be amongst your top priorities, and understanding threats and causes helps you improve your preventative measures. Sharon Nelson and John Simek welcome back Craig Hoffman to unpack the findings of BakerHostetler’s 2022 DSIR Report. They outline the security mishaps that just won’t go away; talk about ransomware and companies’ interactions with “reliable” vs. “unreliable” threat actors; discuss the enhancement of security through training, training, training; and much more.  Craig Hoffman is a sought-after digital risk advisor who co-leads the Digital Risk Advisory and Cybersecurity team at law firm BakerHostetler.   Special thanks to our sponsors CaseFleet, Clio, Embroker, and PInow.   Learn more about your ad choices. Visit megaphone.fm/adchoices

The online space for Russia’s civil society has been slowly closing for nearly a decade, but after the invasion in Ukraine, governmental powers quickly seized control of internet freedoms—banning and blocking at will. What does this mean for the flow of information and the future of the internet both in Russia and internationally? Digital Detectives hosts Sharon Nelson and John Simek welcome Eva Galperin to discuss perspectives on the effects of censorship, Russia’s ways and means of accomplishing its internet restrictions, and how some Russians still find ways to access independent news.  Eva Galperin is Electronic Frontier Foundation's director of cybersecurity.   Special thanks to our sponsors CaseFleet, Clio, and PInow.   Learn more about your ad choices. Visit megaphone.fm/adchoices

Lawyers need to stay up on cybersecurity news to understand both the current threats and the mistakes made by others. Failure to keep up could eventually result in a breach! Sharon Nelson and John Simek discuss this topic with Lucien Pera to learn more about lawyers’ ethical responsibilities for technology and cybersecurity competence and why failures could result in a lawyer facing disciplinary action.  Lucian T. Pera is a partner at Adams and Reese LLP in Memphis, Tennessee, where he focuses his practice on commercial litigation, media law, and legal ethics work.   Special thanks to our sponsors CaseFleet, Clio, and PInow.   Learn more about your ad choices. Visit megaphone.fm/adchoices

The overall number of data compromises is up 68% over 2020. Now, more than ever, attorneys must take action to protect themselves and their law firms. John Simek and Sharon Nelson welcome James E. Lee of the Identity Theft Resource Center to discuss the findings of his organization’s 2021 Data Breach Report. James discusses common root causes of data breaches and explains how prevention tactics and data security services can help lawyers avoid and/or deal with a data compromise.  James E. Lee is the chief operating officer of the Identity Theft Resource Center.   Special thanks to our sponsors CaseFleet, Clio, and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

Cybersecurity keeps changing at an ever-quickening pace, and, really, it’s probably going to stay that way. Sharon Nelson and John Simek welcome friend and cybersecurity expert David G. Ries to discuss some of the major happenings of the past year and what we should expect for 2022. David gives an overview of current cyber-threats and notable data breaches, discusses government efforts to fight cybercrime, and lays out the latest best practices to help you protect your business.  David G. Ries practices in the areas of environmental, technology, and data protection law and litigation   Special thanks to our sponsors CaseFleet and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

Our government has been earnestly campaigning against ransomware and cybercriminals — seizing cryptocurrency, offering bounties, and issuing frequent alerts. Sharon Nelson and John Simek talk with Ariel Parnes about the tactics involved in this war on ransomware, implications for lawyers, the importance of constant vigilance during the holidays, and who to call if you’re the victim of an attack.  Ariel Parnes is co-founder and chief operating officer at Mitiga, a cloud incident readiness and response company.   Special thanks to our sponsors CaseFleet and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

The stats are in, and law firms are truly ill-equipped to combat ransomware. So, what should they do? Sharon and John welcome David White of Axio to talk about his company’s 2021 State of Ransomware Preparedness Report. David talks about their key findings and offers a back-to-basics approach that helps lawyers and law firms take steps to prevent cyber attack.  David White is president and co-founder at Axio.    Special thanks to our sponsors CaseFleet and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

More than half a million jobs in cybersecurity go unfilled each year, showing a major need for more individuals to enter this ever-growing field. Think you might be up to the challenge? John and Sharon talk with Rob Lee about training available through the SANS Institute and the current hottest areas in the profession. Rob also offers recommendations, both for young people hoping to orient their college education toward cybersecurity and professionals looking to make a career shift into the field.  Rob Lee is the chief curriculum director and faculty lead at the SANS Institute. Special thanks to our sponsors CaseFleet and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

Prevention is key when it comes to cybersecurity, and lawyers simply can’t afford to skimp on security technologies. Sharon and John talk with expert Sherri Davidoff about growing cyber threats and the changing nature of attack tactics. They discuss the impacts of these new developments on lawyers and law firms and chat about how to prioritize security measures, reduce your risks, and create a budget plan that addresses all your cybersecurity needs.  Sherri Davidoff is a cybersecurity expert, author, speaker and CEO of both LMG Security and BrightWise, Inc. Special thanks to our sponsors CaseFleet and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

ESI expert reports can be critical to presenting a case, but lawyers all know these reports are sometimes so complicated or jargon-filled that all the non-experts struggle to comprehend them. That’s not how it should be! Digital Detectives Sharon Nelson and John Simek welcome Craig Ball to discuss his tips for creating useful, accessible expert reports that effectively communicate their findings to the court.  Read Craig’s full blog post on this topic at craigball.net. Craig Ball practices as a Special Master in electronic evidence and discovery, is a longtime adjunct professor at Texas School of Law and Tulane Law School, and writes and speaks around the world on e-discovery and computer forensics. Special thanks to our sponsors CaseFleet and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

With cyber threats and their respective defenses evolving at an ever-quickening pace, ongoing and frequent cybersecurity training is a must for today’s law firms. With some of the recent major cybersecurity events in mind, Sharon and John offer practical examples and training tips for improving employees’ cyber threat awareness and preventing an attack on your firm. Special thanks to our sponsors CaseFleet and PInow. Learn more about your ad choices. Visit megaphone.fm/adchoices

Lawyer and cybersecurity expert Stewart Baker examines the president’s current plans for our nation’s most pressing cyber concerns. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jeffrey Wells explains the SolarWinds hack and cybersecurity questions law firms should be asking in the wake of this massive attack. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sharon Nelson and John Simek offer insights into which types of security evaluations lawyers should consider for their law firms. Learn more about your ad choices. Visit megaphone.fm/adchoices

Clio COO George Psiharis talks through this year’s trends and the sweeping transformative effect COVID-19 has had on the legal profession. Learn more about your ad choices. Visit megaphone.fm/adchoices

Attorney and cybersecurity expert Ted Kobus addresses the rapid increase in ransomware incidents in 2020 and explains what law firms should do in the event of an attack. Learn more about your ad choices. Visit megaphone.fm/adchoices

Doug Austin and Brett Burney give best practice tips for audio and video discovery. Learn more about your ad choices. Visit megaphone.fm/adchoices

Judy Selby gives a comprehensive overview of the many uses and risks associated with biometric information. Learn more about your ad choices. Visit megaphone.fm/adchoices

Cybersecurity expert Mike Maschke explains how penetration tests help lawyers protect themselves by identifying weak points in their security systems. Learn more about your ad choices. Visit megaphone.fm/adchoices

Maura Grossman discusses how TAR is used by medical researchers to support their efforts to understand and treat COVID-19. Learn more about your ad choices. Visit megaphone.fm/adchoices

David Ries gives an overview of work-at-home and remote access best practices. Learn more about your ad choices. Visit megaphone.fm/adchoices

Doug Austin surveys the current state of the eDiscovery industry and discusses emerging trends. Learn more about your ad choices. Visit megaphone.fm/adchoices

Ben Schorr shares tips for improving security in Microsoft products. Learn more about your ad choices. Visit megaphone.fm/adchoices

John Simek and Sharon Nelson answer lawyers’ frequently asked questions about how to work remotely and securely. Learn more about your ad choices. Visit megaphone.fm/adchoices

David Ries breaks down the trends in The Identity Theft Resource Center’s 2019 End-of-Year Data Breach Report. Learn more about your ad choices. Visit megaphone.fm/adchoices

Michael Mills surveys the landscape of AI and its ethical implications within the practice of law. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mary Mack and Kaylee Walstad share updates on EDRM’s current projects and plans for the future. Learn more about your ad choices. Visit megaphone.fm/adchoices

Andy Wilson discusses the cloud revolution’s impacts on legal professionals. Learn more about your ad choices. Visit megaphone.fm/adchoices

Tom O’Connor offers tips for handling common problems surrounding 30(b)(6) witness depositions. Learn more about your ad choices. Visit megaphone.fm/adchoices

Brett Burney outlines best practices for preserving and producing online evidence. Learn more about your ad choices. Visit megaphone.fm/adchoices