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Lawyers "Step in It" Through Social Media Incompetence
We often bemoan that lawyers don't take seriously their duty to understand e-discovery. Today we tackle another subject that attorneys seem to avoid, often to their peril as they step on virtual cow...
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The Virtual Lawyer Stampede
Intriguing news from the ABA’s 2010 Legal Technology Survey Report: 14% of lawyers reported that they ran a virtual law office, working with clients over the Net and rarely meeting them in person. We...
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Smartphones Proliferate in Computer Forensics
Two years ago, we began to say in lectures that we had seen a 200% rise in the number of cell phones passing through our forensics lab. Today, we are beginning to say that the increase is more like...
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Data Dumps: The Bane of E-Discovery
Everyone knows you’re not supposed to do a data dump in e-discovery. But oh boy, is there a temptation to drown the other side in a case with an avalanche of useless data. Too often, law firms and...
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Sexting and Sextortion: Texting and Extortion Get a XXX Twist
Introduction Some call it flirting. Others call it harmless fun. When minors are involved, however, the police and district attorneys have had another word for it – child pornography. If you haven’t...
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Operation “Night Dragon”: A Data Breach Illuminated
Hackers and cybercriminals have been having a field day recently. Even big oil companies with expansive security budgets can’t keep the bad guys out. In an operation dubbed “Night Dragon” by security...
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Alternative Fee Arrangements: Their Popularity Soars
There was a time when many lawyers, settled in their ways, thought that they could ignore alternative fee arrangements. That day is clearly gone. The 2010 Fulbright Litigation Trends Survey announced...
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Virtualization and Cloud Computing: Benefits and E-Discovery Implications
What exactly is virtualization and why is there so much buzz about it these days? Virtualization can occur in many forms, but most initially think of using virtualization to consolidate servers into a...
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Is It Possible to Secure Law Firm Data?
To answer the question, we interviewed our friend and colleague Matt Kesner, the CIO of Fenwick & West LLP, a West Coast law firm representing high tech and bio-tech clients. Matt has “walked the...
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Ruminations on the Ethics of Law Firm Information Security
Lest anyone have forgotten Rule 1.6 of the ABA Model Rules, here it is – and similar rules apply everywhere: Rule 1.6 Confidentiality Of Information (a) A lawyer shall not reveal information relating...
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Have Attorneys Read the iCloud Terms and Conditions?
There are some very interesting items in the T&C (Terms & Conditions) that most people never read. The tendency is to click, click, click just to get to the end quickly. The T&C for iCloud...
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What’s Hot in E-Discovery?
Machine-Assisted Review Let’s start with a very hot if not very sexy topic. You may have heard of new technology called predictive coding or technology-assisted review. Recently, we’ve seen the phrase...
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Text Message Preservation
(Also by Jesse M. Lindmar) With an average of 193.1 billion text messages sent every month in the United States, the importance and use of text messages in litigation is ever-increasing. As a...
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Securely Deleting Data From Mobile Devices
Why do we care about deleting data from mobile devices? Usually, we are trying to get back data that we inadvertently deleted. It could be that we “fat fingered” an e-mail or text message or blew away...
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Book Review: Secrets of Lawyer Video Marketing
We’ve been seeing a lot Gerry Oginski lately. He is a practicing lawyer but is also a frequent lecturer on lawyer videos and he has recently written Secrets of Lawyer Video Marketing in the Age of...
View ArticleDerechos and Sandy Make Compelling Cloud Arguments
Earlier this year, we had a violent 24-minute derecho in Virginia – and lots of law firms went down. Lawyers, when their technology bellies up, panic. Immediately after the derecho, law firms started...
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The South Carolina Data Breach and the Failure to Encrypt
It is nothing short of astonishing that more than 75% of South Carolina’s residents had their social security, credit card numbers and other personally identifiable information breached. News of the...
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Through a Glass, Darkly: The Future of Court Technology
At the behest of our good friend, D.C. Superior Court Judge Herbert Dixon, we noodled a bit on the future of courtroom technology for an article Judge Dixon is writing. Having brainstormed the topic,...
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The Future of Law: Tomorrow’s Lawyers by Richard Susskind
Most American lawyers became aware of British Professor Richard Susskind after he wrote The End of Lawyers? in 2008. The book generated a lot of controversy among lawyers with some proclaiming that he...
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The Perils of Social Media for Judges
The authors thank D.C. Superior Court Judge Herbert Dixon, who maintains a two-way street of information sharing with us on this subject. It was inevitable that, after lawyers flocked to social media,...
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