e-discovery

In the latest episode of Trial Ready, hosts Michelle Bradford and Meena Sinfelt talk with Sandra Ko, a Barnes & Thornburg partner who litigates product liability and commercial cases. Sandra discusses how she prepares to try cases all around the country, why she took time away from the courtroom to focus on e-discovery, and her first experience with a virtual trial.

1 https://www.relativity.com/blog/prioritizing-mental-health-pandemic-stellar-women-mary-mack-kaylee-walstad/

2  https://edrm.net/2021/05/stellar-women-edrm-crossover-mental-health-podcast/

Angela is a legal professional specializing in e-discovery who assists clients with mitigating risks associated with managing large volumes of data. 

Find Angela O’Neal Online:
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Referenced:
Nexsen Pruet, LLC

Nextra Solutions

We Get Real AF Podcast Credits:

Producers & Hosts: Vanessa Alava & Sue Robinson

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Audio Producer/Editor: Sam Mclean  

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Audio Music Track Title: Beatles Unite

Artist: Rachel K. Collier

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Intro Voice-Over Artist: Veronica Horta

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Cover Artwork Photo Credit: Alice Moore 

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Our guests for this episode are Scott Frasier and Matt Owens, authors of an article to be published in the Trusts and Estates Quarterly called “Let’s Get Digital! ESI in Trust and Estate Litigation.” We discuss the ethical duties of attorneys in regard to E-discovery, preservation letters to clients and opposing counsel aimed at avoiding spoliation of evidence issues, and common sources of electronically stored information, or (ESI). We learn what “native format” and “meta data” are, and when you might request it. Finally, we talk about how to sift through mountains of ESI to find the relevant information and address privacy concerns.

Their article is a must-read for all trust and estate litigators, as well as planners and those who represent trustees. Today’s episode will be eye-opening to those who have not dealt extensively with ESI issues.

About Our Guests:
Scott Fraser is an attorney at Crist Biorn Shepherd Roskoph located in Palo Alto, California.  Scott is a frequent contributor to CEB, having acted as the update author for  chapters in Drafting Revocable Trusts, California Will Drafting, and California Estate Planning, and has been recognized by Super Lawyers in the category of estate planning and administration.  

Matt Owners is a partner at Withers in the law firm’s San Diego office and handles matters all across California. Matt is a certified specialist in estate planning, trust, and probate law, is a TEXCOM member, and has been recognized by Super Lawyers, Best Lawyers, and Private Client Global Elite in the category of trust and estate litigation. https://www.withersworldwide.com/en-gb/people/matthew-r-owens

About Our Host:
Host Herb Stroh is a partner at McCormick Barstow LLP, and practices out of the San Luis Obispo office. Herb is a Certified Specialist in Estate Planning, Trust, and Probate by the State Bar of California Board of Legal Specialization. He is past chair of the Trusts and Estates Section of the California Lawyers Association and represents the Section on the CLA Board of Representatives. He is also Treasurer of CLA for the 2020-2021 year.  Herb has extensive experience in all aspects of trust, probate, conservatorship, and guardianship conflict resolution.  He also has experience in all aspects of estate planning and administration of trusts, probate estates, special needs trusts, and conservatorships. Mr. Stroh has also served as a mediator in a variety of trust and estate disputes both in Los Angeles and San Luis Obispo counties.

Trust Me is Produced by Foley Marra Studios
Edited by Todd Gajdusek

Our guest is AJ Shankar, the chief executive officer of Everlaw. AJ covers variety of topics relevant to both in-house counsel and outside counsel using eDiscovery and litigation support software, including the essence of Everlaw’s vision; creating a virtual war room that facilitates collaboration even while remaining socially distant; and the company’s pro bono program, “Everlaw for Good.”

Prior to founding Everlaw, AJ graduated from Harvard with an A.B. in Mathematics and Computer Science, and received his Ph.D. in Computer Science from the University of California at Berkeley in 2009.  AJ co-founded Everlaw in 2011, seeing eDiscovery as a “fascinating, rich, [and] interesting problem that needed solving.” He wrote more about his history and the founding of Everlaw in his own blog post from June 28, 2016, available here.

AJ describes Everlaw as “a cloud-based, eDiscovery and litigation platform.” Founded over nine years ago, Everlaw handles everything within the eDiscovery lifecycle, from processing all the way through the discovery process to production. It also includes features that support the “story telling aspect of litigation.”

If you have any questions, please feel free to email me at csanko@bakerdonelson.com. I would love to hear from you.

LeanDiscovery: Sitting with the C-Suite is a series of interviews designed to provide in-house legal counsel with a birds-eye view of the eDiscovery marketplace, particularly its various technology and service providers. A key component of great eDiscovery management and execution is having a great supply chain. Sitting with the C-Suite is a forum to hear directly from the C-Suite of various eDiscovery providers about the marketplace history, current and future service offerings, and expectations of things to come. This is not an advertisement or endorsement of any of the speakers, or the companies, services and technology that they represent, by either the interviewer or Baker Donelson. The views expressed are those of the speaker. Baker Donelson’s eDiscovery team seeks to provide the best client value throughout the eDiscovery life cycle. If you have any companies or speakers that you would like to see featured, please feel free to reach out to us at LeanDiscovery@bakerdonelson.com.

For this episode of Stellar Women, we made our way around the globe—virtually, of course—to catch up with some of the women who make up the Control Risks global task force. It was enlightening to hear their unique perspectives on this profession and how to be successful.

Joining us are Joanne Fung from the States, Kimlynne Olivier from South Africa, and Satinder Soni from the UK. Much like our scattered geographies, our conversation touched on an array of topics from the challenges and opportunities of working across time zones to sponsorship versus mentorship, and even what’s like to own an eco-friendly eco-lodge home to hippos.

Stellar Women is excited to sit down with the finalists for this year's Stellar Women Innovation Award. My colleague and Innovation Awards co-host, Johnathan Hill, and I caught up with Lekecia Barclay, Sarah Thompson, and Kenya Dixon on what this award meant to them.

We also discussed their spirit for innovation, advice for supporting up-and-coming leaders in this field, and steps organizations can take to help make e-discovery a more gender equitable field. Be sure to tune into the Innovation Awards on Sept. 23 at 9 AM as we unveil the winner for Stellar Women and our other people categories at Relativity Fest this year!

Thank you so much for joining us for this brand new, smokin’ hot episode of
“Light ‘Em Up”. 

We focus on leadership, the criminal justice system and crime scene investigation. 

We enlighten, educate and empower others with the truth. 

Like it or not … the truth disturbs, the truth divides, but ultimately the truth delivers. 

We are grateful to you for subscribing and following our rapidly growing and wildly popular podcast.  We currently have a global footprint in over 45 countries around the world – an exciting fact that we are very proud of.  

Without you, our listeners, we would never have accomplished this feat.  

THANK YOU! 

Today, we take a deep dive and a forensic look at your smart phone. This episode is entitled:  I.T., you and ME:  

If you have a smart phone you are going to want to listen to this very informative broadcast. We explore the challenge, the fun and future of forensics. 

We were fortunate and honored to sit down with Donald Wochna.   

Don is an experienced attorney, author, consulting and testifying expert witness in computer forensics, electronic evidence, e-discovery, cyber security and data privacy.

By combining his 37 years practicing law, his 21 years as a cell phone and computer forensic expert, and his education and experience in Speech Communication, he has developed a unique ability to make complicated areas of law and technology understandable to attorneys, judges, jurors and lay-people with little or no technical experience.

🔺Have you ever felt constrained by what Apple says you can and cannot do with your cell phone? 

🔺Don talks to us about “jail-breaking” or actions taken to the operating system (OS) into permitting you to load and run applications on the device which are not permitted by the manufacturer. 

🔺We touch on “Sex-ting”, “texting” and “burner” phones.

🔺Your right to privacy at work.

🔺The 1st and 4th Amendment as they apply to our daily lives, our cell phones and workplaces. 

🔺Your “free speech rights” on any social media platform. 

🔺The Security or lack thereof of Tik-Tok.

🔺Zero day exploits.

🔺Who owns your data? 

🔺Language from Attorney General William Barr.

🔺5G  and so much more … 

One of our most thorough and comprehensive interviews to date. 

Don has been in the trenches of some of the biggest legal battles that this area of law has ever seen, to date. 

If you miss this episode, you really are short-changing yourself on an hour long conversation that flows as if it were 30 or so minutes with an expert who has forgotten more about the device we use constantly, our cell phone --- than most of us will ever know.  

Thanks so much, 
Executive Producer
Phil Rizzo 

Note this fact well: 

This conversation is designed for informational and educational purposes only. 

It does not constitute any legal advice and is not intended to create an attorney-client relationship in any way, shape or form.

With the rise of cybercrime comes the need for cyber forensics, and this episode’s guest, Dr. LeGrande Gardner has been in the field of digital evidence for more than 30 years. Currently, he is an instructor in the Criminology Department at the University of South Florida, where he also serves as the Director of the MS in Cybercrime degree program and administrates the Graduate Certificate Program in Digital Forensics.  

Co-hosts Bill McQueen and Ernie Ferraresso joined Dr. Gardner for a discussion about digital evidence, its role in the justice community, and opportunities for the future. The field of cyber forensics started rather simply, as a way to detect and connect the pieces of a crime.  As evidence was being submitted into the justice system, a need for increased scientific methodologies and protocols grew to preserve legal integrity and the rights of the accused.  

Cyber forensic professionals are able to examine a range of devices, networks--even the cloud--to uncover criminal activity and gather evidence that can lead to legal prosecution. Dr. Gardner discusses how advances in computer science have made an impact in the ability to locate criminals. In his first example, he shares how hash algorithms are used to catch pedophiles and provide a digital footprint to catch larger pedophile rings. Next, he details the Target breach, where criminals were able to hack the nationwide retailer via their air conditioning’s computerized system. Then, he talks about how search warrants involving cybercrime uncovered how criminals were using their neighbor’s open IP addresses, putting routers unknowingly in their attics, and other deviousness that thwarted detection and capture. Unfortunately, Dr. Gardner reveals, international criminals are even more elusive, but that having solid cyber forensics can help law enforcement agencies from multiple countries coordinate efforts.

Cyber forensics now has several sub-specialties, such as cloud forensics, network forensics, malware forensics, IoT forensics, and vehicle forensics.  Many colleges and universities are developing programs and training around these expanding and evolving sub-specialties. Dr. Gardner points out that this is a great time to be a cybercriminal and there will be an increased need for cyber forensic technicians and digital evidence specialists to combat the widespread crime.  

There is a push for law enforcement officers to receive training in cyber forensics to facilitate crime scene collections, recognize patterns, and maintain protocols.  Dr. Gardner’s history in law enforcement and as a Task Force Agent with the FBI’s Cyber Crime Unit gave him a special insight to device and data collection at crime scenes and he shares his thoughts on training opportunities in police academies.  

Hackers and cyber criminals aren’t the only reasons the field of cyber forensics is growing.  Corporations are also employing their own forensic teams. Companies use digital evidence to substantiate their security and to protect themselves if a situation with an employee requires documentation.  Civil matters are increasingly including digital evidence, and professionals are being called upon to provide expert testimony.

The need for cyber forensics professionals is growing exponentially, according to Dr. Gardner. There is no end in sight for the potential of this field and the importance it will play in protecting our security and stopping crime.

TIME STAMPS

00:43  Meet Our New Co-host: Ernie Ferraresso, Associate Program Director of Cyber Florida

02:43 Who is Dr. LeGrande Gardner, Director of the MS in Cybercrime Degree Program, University of South Florida

03:15  What is Cyber Forensics and Digital Evidence?

04:47  Recognizing the field of Cyber Forensics

05:59  Following the Rules of Evidence and Procedure

06:33  The Growing Impact of Digital Evidence and Digital Exploitation  

07:35  Evolving Field of Cyber Forensic Careers

08:58  Collecting Cyber Forensic Data  

09:51  Digital Evidence as a Science

12:52 Components of Digital Evidence

13:45 Hash Algorithms, Digital DNA

14:25 Child Pornography Hash Algorithms

14:55  Hash Algorithms are like Fingerprints  

16:37  Verifying and Preserving Digital Evidence Using Scientific Protocols

18:29  Training to be a Cyber Forensic Technician or Specialists

21:34  Specialized Cyber Forensic Fields

24:01 Criminals, Digital Evidence & Law Enforcement

26:30 Training Law Enforcement for Digital Evidence Collection

28:24 Finding Breaches and Identifying Vulnerabilities

31:00 How to Start a Cyber Forensic Investigation

31:29 Cyber Forensic Incident Response

34:38  Cyber Police of the Future

35:35  Trends in Cyber Forensic Prosecutions

37:05 International Cyber Criminals and Cyber Forensics

38:19 Every Cop as a Cyber Cop

38:39 How is Cybercrime Changing  

41:26 The Future of the Cyber Forensic Field

42:24  Corporate Digital Forensic Units and Civil Courts

44:43  Cyber Forensic Academics, Digital Certifications and Careers

We kicked off 2020 and the third season of Stellar Women by mixing things up. We brought together a group of Relativity women who we believe are “stellar.” During the episode, we hit on a variety of topics that are the crux of this podcast, including mentorship and being a successful leader. We even perfected our improv skills. You can expect to see us headlining the upcoming show at Second City.

To nominate a stellar woman for the podcast and the 2020 Stellar Women Innovation Award, please click here : https://resources.relativity.com/women-in-ediscovery-nomination.html?utm_source=blog&utm_medium=cta