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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Legal Technology

Huge Cyberattack on JPMorgan Chase and Wall Street – How Far Does It Go?

05 Sunday Oct 2014

Posted by Celia C. Elwell, RP in Computer Forensics, Cybersecurity, Encryption, Identity Theft, Legal Technology

≈ Comments Off on Huge Cyberattack on JPMorgan Chase and Wall Street – How Far Does It Go?

Tags

Banks, beSpacific Blog., Cyberattack, Finance, Hackers, JPMorgan Chase, New York Times, Russia, Sabrina Pacifici, Wall Street

Hackers’ Attack Cracked 10 Companies in Major Assault – NYT, by Matthew Goldstein, Nicole Perlroth, and David E. Sanger, New York Times, posted by Sabrina Pacifici, BeSpacific Blog

http://tinyurl.com/o3vf8fq

We have heard of other hacks on that stole information from credit/debit cards and other financial and personal data. This is far more serious. It was first discovered in July, and the investigation is ongoing.  Initial reports of the damage and who caused it have changed as the investigation progresses. -CCE  

‘The huge cyberattack on JPMorgan Chase that touched more than 83 million households and businesses was one of the most serious computer intrusions into an American corporation. But it could have been much worse. Questions over who the hackers are and the approach of their attack concern government and industry officials. Also troubling is that about nine other financial institutions — a number that has not been previously reported — were also infiltrated by the same group of overseas hackers, according to people briefed on the matter. The hackers are thought to be operating from Russia and appear to have at least loose connections with officials of the Russian government, the people briefed on the matter said. It is unclear whether the other intrusions, at banks and brokerage firms, were as deep as the one that JPMorgan disclosed on Thursday. The identities of the other institutions could not be immediately learned. The breadth of the attacks — and the lack of clarity about whether it was an effort to steal from accounts or to demonstrate that the hackers could penetrate even the best-protected American financial institutions — has left Washington intelligence officials and policy makers far more concerned than they have let on publicly. Some American officials speculate that the breach was intended to send a message to Wall Street and the United States about the vulnerability of the digital network of one of the world’s most important banking institutions.’ . .  .

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For Those Who Have Window’s 10 – New Keyboard Shortcuts!

04 Saturday Oct 2014

Posted by Celia C. Elwell, RP in Windows

≈ Comments Off on For Those Who Have Window’s 10 – New Keyboard Shortcuts!

Tags

Brad Chacos, Brandon LeBlanc, Keyboard Shortcuts, Legal Techonology, Microsoft’s Blogging Windows Blog, PC World, Scott Hanselman, Windows 10

These Are Windows 10’s New Keyboard Shortcuts, by Brad Chacos, Senior Writer, PCWorld

http://tinyurl.com/lctecv3

The Windows 10 Technical Preview adds all sorts of nifty new features designed to appeal to PC power users, but it also includes some nifty newcomers that you can’t actually see—fresh keyboard shortcuts!

The details come courtesy of Brandon LeBlanc of Microsoft’s Blogging Windows blog. If you install the Windows Tech Preview this weekend be sure to check these out.

  • Snapping window: Windows key + Left or Right — LeBlanc says: ‘(Can be used with UP or DOWN to get into quadrants.)’ Quadrants is the new Snap view mode that pins apps to the four quarters of the screen.
  • Switch to recent window: Alt + Tab – LeBlanc says: ‘Hold shows new Task View window view, let go and switches to app.’
  • Task view: Windows + Tab – LeBlanc says: ‘New Task view opens up and stays open.’
  • Create new virtual desktop: Windows key + Ctrl + D
  • Close current virtual desktop: Windows key + Ctrl + F4
  • Switch virtual desktop : Windows key + Ctrl + Left or Right

The Command Prompt and its Experimental Properties tab in Windows 10.

If you want to start using Windows 10’s greatly enhanced Command Prompt hotkeys (copy-pasting via the keyboard, yesssss) then be sure to check out Scott Hanselman’s extensive post on the topic.

Windows 10’s newfound support for keyboard shortcuts in the Command Prompt isn’t enabled by default, however. To enable it, right-click the Command Prompt’s title bar and select Properties. Open the new-to-Windows-10 ‘Experimental’ tab and check the box next to ‘Enable experimental console features.’ Finally, check the boxes next to ‘Enable new Ctrl key shortcuts’ and ‘Extended edit keys,’ then click OK.

Happy testing!

 

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Log In With Your Thumb – Now There’s An App For That.

20 Saturday Sep 2014

Posted by Celia C. Elwell, RP in Apple, Apps, Cybersecurity, iPad, iPhones, Legal Technology, Mac, Passwords

≈ Comments Off on Log In With Your Thumb – Now There’s An App For That.

Tags

1Password app, iOS, iPads, iPhones, Legal Productivity Blog, Logins, Passwords, Safari, Tim Baran

App of the Week: 1Password – Login to Apps and Sites with Your Thumb, by Tim Baran, Legal Productivity Blog

http://tinyurl.com/kw24hjs

Everyone should be using a password manager. It provides a strong, unique password for each online account and keeps them all in a secure, encrypted, yet quickly accessible place. Our favorite, 1Password, just got even better.

Here are three of the many new enhancements:

  • Login to Apps – Use 1Password to log into a growing list of your favorite apps and even update your passwords—all with just a tap!
  • Login to sites in Safari browser on your iPhone – You can now fill 1Password Logins directly within Safari.
  • Unlock with your thumb – After unlocking with your Master Password, get back into your vault in 1Password, Safari, and your favorite apps with just your thumb on devices with Touch ID. Check Settings > Security to learn how this works and pick your auto-lock time.

And, for the first time, 1Password is free for iOS devices.

I’ve used 1Password for a couple of years on my desktop, phone and iPad, and it’s quickly become indispensable. And, it keeps getting better!

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CaseManager iPad App – Fast, Inexpensive, And Highly Recommended.

17 Wednesday Sep 2014

Posted by Celia C. Elwell, RP in Apple, Apps, Calendar/Docketing, iPad, Law Office Management, Legal Technology, Technology

≈ Comments Off on CaseManager iPad App – Fast, Inexpensive, And Highly Recommended.

Tags

Calendar, Case Manager App, iPads, iPhone J.D. App, Jeff Richardson, Legal Technology & Tips

CaseManager — Manage Your Legal Practice On Your iPhone or iPad, by Jeff Richardson, iPhone J.D.

 http://www.iphonejd.com/iphone_jd/2014/09/sponsor-casemanager.html

iPads are very popular, but not all attorneys use them to their full potential. This app sounds great. I would like to hear more from those who use it. -CCE

[C]aseManager was created by New York civil rights attorney John Upton as a fast and inexpensive solution for sole practitioners and attorneys with small firms who want to use mobile devices to manage their law practice. The app debuted in 2011, and I discussed the app in August of 2012 and January of 2014. However, the app recently received a major update to version 6.0, when the interface was revised to match the aesthetic of iOS 7 and the upcoming iOS 8. CaseManager is a beautifully designed and useful app for keeping track of all of the key information in your cases:  events, tasks, contacts, time and expenses, plus the facts, notes and documents unique to each case. 

The basic organization of the app is the same as before, but now in version 6, when you launch the app the first thing you see is the calendar entries for today, so you know immediately what is ahead of you. . . .

[Emphasis added.]

 

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Wait! Don’t Click On That Link!

16 Tuesday Sep 2014

Posted by Celia C. Elwell, RP in Computer Virus, Cybersecurity, Emails, Legal Technology, Malware, Trojans

≈ Comments Off on Wait! Don’t Click On That Link!

Tags

Email, Ian Paul, Mail Merge, Malware, PC World, Spam

Three Warning Signs That Email Is Malicious, by Ian Paul, PC World

http://tinyurl.com/lsjgxv7

Email spam filtering is far better than it used to be. There was a time when nearly every scam email would land in your inbox. Thankfully that’s not the case anymore—especially if you’re a Gmail user.

But no system is perfect. Every now and then a scam message will manage to slip into your inbox. But how do you know when you’re looking at a scam or not?

Here are three basic tip-offs you can look for to figure out whether you’re looking at an email with dishonest intentions. They’re hardly an exhaustive list, but more often than not one of these tips will save you from getting suckered. . . .

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Bad Stipulations To E-Discovery – Just Don’t.

11 Thursday Sep 2014

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Legal Technology, Requests for Production

≈ Comments Off on Bad Stipulations To E-Discovery – Just Don’t.

Tags

Bow Tie Law Blog, E-Discovery, ESI, Federal Rule 26(f), Joshua Gilliland, Request for Production, Stipulations

Don’t Stipulate to Not Follow the Form of Production Rules, by Joshua Gilliland, Esq., Bow Tie Law Blog

 http://tinyurl.com/kxr9gt5

Here is my advice: NEVER agree to a stipulation to produce native files when “it is more practical to do so” and agree to productions in PAPER, PDF’s, or TIFFs. Melian Labs v. Triology LLC, 2014 U.S. Dist. LEXIS 124343 (N.D. Cal.Sept. 4, 2014).

That is what happened in Melian Labs v. Triology LLC. It reads like a personal Sum of All Fears for anyone who has spent years working with ESI, because the Court denied motions to compel email and spreadsheets in native files with metadata, because of the parties’ Rule 26(f) stipulation. . . .

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Cool Evernote Tips, Tricks, and Q&A.

11 Thursday Sep 2014

Posted by Celia C. Elwell, RP in Evernote, Legal Technology

≈ Comments Off on Cool Evernote Tips, Tricks, and Q&A.

Tags

Evernote, Sam Glover, The Lawyerist Lab Blog, Tips & Tricks

The Evernote Q&A, Tips & Tricks Thread, by Sam Glover, Editor, The Lawyerist Lab Blog

http://tinyurl.com/jwrchn8

This thread is for questions and answers about Evernote, and for sharing your favorite tips and tricks.

You can also browse posts about Evernote on Lawyerist, and here is the old Evernote thread in the Lab.

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Legal Edge From JD Supra – App Of The Week.

06 Saturday Sep 2014

Posted by Celia C. Elwell, RP in Apple, Apps, Cell Phones, iPad, iPhones, Law Office Management, Legal Technology, Technology

≈ Comments Off on Legal Edge From JD Supra – App Of The Week.

Tags

Amlaw, Apple App Store, iBooks, iOS, iPhone Apps, JD Supra, Legal Edge App, Legal Productivity Blog, Lisa Pansini

App of the Week: Legal Edge- Stay Up-To-Date on Legal Developments, by Lisa Pansini, Legal Productivity Blog

This app is free – at least for now. -CCE

http://tinyurl.com/k9smzoh

In the business of law, it’s extremely important to stay on top of the latest legal developments. With Legal Edge from JD Supra, you can do just that.

Legal Edge allows you to stay up to date with the latest legal news via updates, alerts, and case filings from the nation’s legal professionals. With this app, you’ll receive a daily stream of articles, briefs, and newsletters on all areas of law. It also includes court filings from notable and newsworthy cases.

Through Legal Edge, you can browse information by industry, profession or topic of interest. You can also contact lawyers or firms directly through your iPhone with any comments or questions you may have about certain documents (this feature is only available for documents posted by JD Supra premium account holders).

The app was recently updated to include informative videos and a save/view functionality which allows you to view documents offline. All that is required is an app that supports PDF viewing on your devices (such as iBooks).

You can rest easy knowing that the content on Legal Edge is provided by Amlaw 100 law firms, attorneys, and other legal organizations and professionals.

Currently, Legal Edge is free and is only available for iOS devices. You can download it today from the Apple App Store.

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Apple iCloud’s Two-Step Verification – Why It Didn’t Stop Hackers.

01 Monday Sep 2014

Posted by Celia C. Elwell, RP in Apple, Cell Phones, Clouds, Cybersecurity, Encryption, iPad, iPhones, Legal Technology, Mac

≈ Comments Off on Apple iCloud’s Two-Step Verification – Why It Didn’t Stop Hackers.

Tags

Apple, FireEye, iCloud, iPad, iPhone, Passwords, Two-Step Verification

Apple Says It Is “Actively Investigating” Celeb Photo Hack, by Arik Hesseldahl,

http://tinyurl.com/les3wqe

Apple said Monday it was ‘actively investigating’ the violation of several of its iCloud accounts, in which revealing photos and videos of prominent Hollywood actresses were taken and posted all over the Web.

*     *     *

Security experts said the hacking and theft of revealing pictures from the Apple iCloud accounts of a few celebrities might have been prevented if those affected had enabled two-factor authentication on their accounts.

Apple hasn’t yet said anything definitive about how the attacks were carried out, but security researchers at the security firm FireEye, examined the evidence that has emerged so far, and said it appears to have been a fairly straightforward attack. That said, it is also one that could have been thwarted had some additional steps to secure the targeted accounts been taken.

That additional step is known as two-factor authentication. Apple calls it ‘two-step verification,’ although it doesn’t work very hard to tell people about it, said Darien Kindlund, director of threat research at FireEye.

‘In general Apple has been a little late to the game in offering this kind of protection, and doesn’t advertise it,’ he said. ‘You have to dig through the support articles to find it.’

When enabled, two-factor authentication requires users to enter a numerical code that is sent to their phone or another device, in addition to using their regular password. Since the number constantly changes, it makes it much more difficult for attackers to gain access the account, even if they know the password.

Assuming the compromised accounts were running without the two-step option turned on, it would then have been relatively easy for the attacker to gain access to the accounts.

As The Next Web reported earlier today the attack may be linked to software on GitHub called iBrute that is capable of carrying out automated brute-force attacks against iCloud accounts. In this scenario, an attacker simply guesses a password again and again until they succeed. While tedious and time-consuming for a person, it’s a simple and infinitely faster process for a computer.

The as-yet unknown attacker had one other thing going for him: Apple allows an unlimited number of password guesses. Normally, systems limit the number of times someone can try to log in to a system with an incorrect password before the account is locked down entirely. Apple has since fixed that aspect of the vulnerability.

‘The attackers never should have been allowed to make an unlimited number of guesses,’ Kindlund said. . . . [Emphasis added.]

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Jim Calloway’s Recent Technology News and Developments.

30 Saturday Aug 2014

Posted by Celia C. Elwell, RP in Android Phones, Apps, Cell Phones, Family Law, iPad, iPhones, Legal Ethics, Legal Technology, Social Media, Tablets

≈ Comments Off on Jim Calloway’s Recent Technology News and Developments.

Tags

Androids, Facebook, iPhones, Jim Calloway, Jim Calloway's Law Practice Tips Blog, Legal Techonology, Oklahoma Bar Journal

Recent Technology News and Developments for 2014, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog (Originally published in the Oklahoma Bar Journal , August 9, 2014 — Vol. 85, No. 20.)

http://bit.ly/1peMMYY

I can always depend on Jim to recommend the best practices to keep a law office moving smoothly, as well as a preview of new technology. Although Jim’s home base is the Oklahoma Bar Association, he is in national demand. If you like what you see, I recommend checking out his articles at the ABA web site. Better yet, especially for Oklahoma solo and small firms, the Oklahoma Bar Association’s Solo and Small Firm Annual Conference is a fabulous event due to Jim’s leadership and connections. You will meet technology experts from all over the country.

Jim has moved his blog to a new address: www.lawpracticetipsblog.com. The old one still works, but I do not know how long it will work. -CCE

There’s been quite a lot of technology-related news over the last several months. Some of it is directly related to the legal profession. Much of it is at least indirectly related to the legal profession. There have also been some interesting court rulings related to technology. Rather than featuring just a few items, I decided to do a roundup of many of these items with a few comments. . . .

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Survey Says! iPhone Top Choice Among Attorneys.

24 Sunday Aug 2014

Posted by Celia C. Elwell, RP in Android Phones, Blackberry Phones, Cell Phones, Cybersecurity, iPad, iPhones, Law Office Management, Legal Ethics, Legal Technology, Mac, Passwords, Tablets, Technology, Technology

≈ Comments Off on Survey Says! iPhone Top Choice Among Attorneys.

Tags

ABA Legal Technology Resource Center, Android Phones, Blackberry Phone, iPads, iPhone, iPhone J.D. Blog, Jeff Richardson, Legal Technology, Smartphone Security, Smartphones

2014 ABA Tech Survey Shows More Attorneys Using iPhones, But iPad Use Holds Steady, by Jeff Richardson, iPhone J.D. Blog

http://tinyurl.com/pxmhlf6

Every year, the ABA Legal Technology Resource Center conducts a survey to gauge the use of legal technology by attorneys in the United States.  My thoughts on the prior reports are located here:  2013, 2012, 2011, 2010.  No survey is perfect, but the ABA tries hard to ensure that its survey has statistical significance, and every year this is one of the best sources of information on how attorneys use technology.  Yesterday, the ABA released Volume VI of the report titled Mobile Lawyers.  This year’s report once again shows that a large number of attorneys are using iPhones and iPads.

Six out of ten attorneys now use an iPhone

In both 2014 and 2013, the survey revealed that 91% of attorneys use a smartphone.  (In 2012 the number was 89% and in 2011 the number was 88%.)  For the past four years, there has been a slight correlation between law firm size and smartphone use.  In 2014, for example, 86% of solo attorneys reported using a smartphone, 89% in firms of 2 to 9 attorneys, 95% in firms of 10 to 49 attorneys, and for firms with 100 or more attorneys, 96% use a smartphone.  As a whole, though, it is fair to say that the survey consistently shows around nine out of every ten attorneys use a smartphone. . . .

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Refresh App Gives You Insight About Business Contacts Or Potential Clients.

23 Saturday Aug 2014

Posted by Celia C. Elwell, RP in Apps, Cell Phones, iPhones, Law Office Management, Legal Technology, Using Social Media

≈ Comments Off on Refresh App Gives You Insight About Business Contacts Or Potential Clients.

Tags

Legal Productivity Blog, Lisa Pansini, Refresh App, Social media

App of the Week: Refresh L- Insight on People You Meet, by Lisa Pansini, Legal Productivity Blog

http://tinyurl.com/lyuutah

Have you ever had a meeting with a client or acquaintance who you know nothing about? If you want to make a favorable impression, use Refresh, the app that crawls through publicly available information to give you a snapshot of your contacts.

Featured in the Wall Street Journal, Fortune, Fast Company, Tech Crunch and more, Refresh searches the web and social networks to deliver insights about the people you connect with. It delivers information including mutual interests, shared passions, and important moments. It’s an incredible tool when it comes to business and social networking. . . .

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Pushbullett App – Connect Instantly Between Computer And Mobile Devices.

17 Sunday Aug 2014

Posted by Celia C. Elwell, RP in Android Phones, Apple, Apps, Blackberry Phones, Cell Phones, iPad, iPhones, Legal Technology, Mac, PC Computers, Tablets

≈ Comments Off on Pushbullett App – Connect Instantly Between Computer And Mobile Devices.

Tags

Apps, Legal Productivity Blog, Lisa Pansini, Notification Mirroring, Pushbullet

App of the Week: Pushbullet- Share Anything Instantly Between Your Electronic Devices, by Lisa Pansini, Legal Productivity Blog

http://bit.ly/1sOoY5P

In June’s WWDC Keynote, Apple introduced their new iOS for mobile devices as well as Yosemite, their new Mac operating system (both of which are due sometime in the fall). One of the most talked about features is the way it will connect your computer and mobile devices. Phone calls and SMS can be pushed to your computer, and with the new ‘handoff’ feature you can pass whatever you’re doing from one device to another.

If you don’t own a mac, or you’re just tired of being left of of the Apple loop and would still like to have similar functionality on your devices, download the free Pushbullet app today.

Pushbullet makes it easy to get files, links, and more from your computer to your phone or vice versa. You can also send information from one mobile device to another (e.g. phone to tablet) and anyone else who uses the app. All it requires is a chrome or firefox plugin for your computer and an active gmail account. Once the plugins are configured, you can use it to push links to your other devices, or go to Pushbullet.com to send files, notes, lists, or addresses.

Android and Windows devices have full use of the app’s abilities, but Apple devices are currently lacking the “notification mirroring” feature that allows you to receive your sms, phone calls, and other app notifications on your computer. While a major bummer, the Pushbullet website mentions that this feature is coming soon!

All other push notifications show up instantly on your desktop or your mobile device, making the Pushbullet app perfect for anyone who wants a seamless way to stay on top of their notifications. Pushbullet is currently available for iOS and android devices. You can download the apps and necessary plugins directly from Pushbullet’s website.

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Avoiding PowerPoint Suicide At Your Next Presentation.

10 Sunday Aug 2014

Posted by Celia C. Elwell, RP in Legal Technology, PowerPoint, Presentations

≈ Comments Off on Avoiding PowerPoint Suicide At Your Next Presentation.

Tags

Ken Lopez, Legal Technology, PowerPoint, Presentations, TED Talks, The Litigation Consulting Report

12 Ways to Eliminate “But I Need Everything On That PowerPoint Slide,” by Ken Lopez, The Litigation Consulting Report

http://tinyurl.com/m5ozef8

Have you ever heard any of the following during a PowerPoint presentation?

  • ‘It may be hard to make out the details of this slide.’
  • ‘I’m not sure if you can read this in the back of the room.’
  • ‘In case you can’t read this, let me read it for you.’
  • ‘I know there is a lot on this slide, but bear with me.’
  • ‘Let me try to zoom in on this part of the slide [proceeds to fumble with remote]’

Of course you have heard these apologetic statements. If you are in the business world, you have probably heard them all. However, there is never an excuse to say these things whether in a boardroom or in a courtroom. As much as you may want everything you have to say about a key message on a single PowerPoint slide, as hard as it may be to imagine another way of doing things, I promise, you most definitely do not need everything (or even a lot) on one slide. And, you can still get your point across.

The number one video in my recent article The Top 14 TED Talks for Lawyers and Litigators 2014 as well as other articles I have written like 12 Reasons Bullet Points Are Bad and 7 Ways to Avoid Making Your PowerPoint Slides Your Handout describe methods for limiting the amount you put on your slide.

With all this said, it is important to remember that sometimes you just need everything on a slide. Sometimes it is an advantage. So, in this article, I want to offer twelve easy methods for eliminating PowerPoint slide clutter and focusing your audience’s attention on what matters – you and your message . . .

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Is It Legal Malpractice If You Are Technologically Incompetent?

01 Friday Aug 2014

Posted by Celia C. Elwell, RP in Law Office Management, Legal Ethics, Legal Technology, Malpractice, Social Media, Technology, Technology, Technology, Trial Tips and Techniques, Using Social Media

≈ Comments Off on Is It Legal Malpractice If You Are Technologically Incompetent?

Tags

ABA's Model Rules, Law Office Management, Lawyerist Blog, Legal Ethics, Legal Malpractice, Legal Technology, Luddite, Megan Zavieh

Luddite Lawyers Are Ethical Violations Waiting To Happen, by Megan Zavieh, Lawyerist Blog

http://tinyurl.com/lo9fs45

Do you have a smart phone but only know how to make a telephone call? Do you think of a cloud as some white puffy thing in the sky that looks like a ducky? Do you have a computer on your desk but never turn it on? Is the password to your computer actually “password”? Then this article is for you. Technology is here, and it is not going away. Resistance if futile. -CCE

Technological incompetence used to be merely a competitive disadvantage. Now, it is a potential ethics violation — or even legal malpractice.

During my first year of law school, we were not allowed to do computerized research. Instead, we were taught to use the leather-bound reporters, Shepherds, and treatises. It was only during our second year that we were deemed worthy to use Westlaw and Lexis to ‘confirm’ our book findings. (Of course, I doubt any of us ventured into the stacks again.)

This approach reflected the general attitude of the legal profession in the mid-to-late 1990s. Technology was grudgingly accepted, but not required. Lawyers at big firms had online research accounts and solos went to the law library to use the books. Nobody thought anything was wrong with this, although online research did give big firms a competitive edge.

In 2013, email is ubiquitous, and just about every lawyer has some form of electronic research available on his laptop, tablet, or phone. And everyone — lawyers included — uses Google to find everything else. In law practice, that includes research on witnesses, opponents, judges, and anything else not found in a Fastcase, Westlaw, or Lexis database. Technology is an unavoidable part of practicing law.

Ethics rules follow practice

The ethics rulemakers have taken note of this evolution, and the rules have grown to require technological competence.

Lawyers cannot ignore technology

The ABA made it abundantly clear that lawyers must keep up with technology when it amended comment 8 to Model Rule 1.1 on competence. Comment 8 now reads:

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

(Emphasis added.)

As Nicole Black, Director of Business Development at MyCase, puts it, ‘I think it’s pretty clear that […] lawyers can no longer turn a blind eye to technological advancements and their effect on the practice of law.’ . . .

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Government Can Access Individual’s Gmail Account In Money Laundering Probe.

27 Sunday Jul 2014

Posted by Celia C. Elwell, RP in Android Phones, Appellate Law, Apple, Blackberry Phones, Cell Phones, Computer Forensics, Crime Scene Investigation, Criminal Law, Cybersecurity, Discovery, E-Discovery, Emails, Evidence, Experts, Forensic Evidence, Forensic Evidence, Forensic Expert Witness, Fourth Amendment - Search & Seizure, Google, Internet, iPad, iPhones, Legal Technology, Mac, PC Computers, Privacy, Search Warrants, Tablets, Trial Tips and Techniques, U.S. District Court for the District of Columbia, U.S. District Court for the Southern District of New York

≈ Comments Off on Government Can Access Individual’s Gmail Account In Money Laundering Probe.

Tags

Computers, Email, Evidence, Forensic Experts, Gmail, Google, Hard Drives, Magistrate Judge Gabriel W. Gorenstein, Money Laundering, Search & Seizure, Warrants

Federal Judge Rules Gmail Account Can Be Accessed For Investigation, by evanino in Evanino Blog

http://www.evanino.com/federal-judge-rules-gmail-account-can-accessed-investigation/

In a landmark ruling that might fuel a nationwide debate, the New York Court issued a warrant against Google, giving access to user emails.

A New York Court issued a warrant against Google Inc ruling that the government can access all mails of a Gmail account of an individual under a money laundering probe. The judge said that courts have long been waiting for law enforcement to take the required documents in the custody if it is within the purview of the warrant.

Contrary to previous rulings

This decision is not in line with the previous court rulings including courts in the Districts of Columbia and Kansas, Magistrate Judge Gabriel W. Gorenstein of the U.S. District Court for the Southern District of New York noted on Friday. Also, this latest ruling will spark a debate over the privacy, in the country, according to Computer World.

A District of Columbia judge denied from revealing the entire content of the email as this will seize a large amount of emails for which the authorities have not given any reason.

The Court in Kansas, also, did not rule in favor of a similar warrant, stating that it failed to ‘limit the universe of electronic communications and information to be turned over to the government to the specific crimes being investigated.’

However, the New York Court ruled in favor of such warrant, allowing authorities to take into account the emails and other information from a Google inc’s Gmail account, including the address book and draft mails, and also the authority to search the emails for certain specific categories of evidence.

Experts must scan emails, not Google employee

Judge Gorenstein argued that it is not possible to search the hard-disk drives of computers and other storage devices on the spot due to the complexities of electronic searches. Thus, the authorities can seize such storage.

‘We perceive no constitutionally significant difference between the searches of hard drives just discussed and searches of email accounts,’ the judge wrote. He added that in most of the cases data in an email account will be less ‘expansive’ compared to the information contained in the hard drive.

Judge Gorenstein stated that Google employees are not expert enough to know the importance of particular emails without having been given proper training in the substance of the investigation. Judge said this in response to an opinion by the District of Columbia court that gave the government the option of getting the email scanned by the host itself.

He said that an agent, who is completely absorbed in the investigation, will be able to understand the importance of a particular language in emails contrary to the employee.

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Jeff Richardson’s Latest for iPhones and Ipads.

26 Saturday Jul 2014

Posted by Celia C. Elwell, RP in Android Phones, Apple, Apps, Cell Phones, iPad, iPhones, Law Office Management, Legal Technology, Tablets, Technology, Time Management

≈ Comments Off on Jeff Richardson’s Latest for iPhones and Ipads.

Tags

Apple, Apps, GoTenna, IBM, iOS, iPads, iPhone J.D. Blog, iPhones, iStick, Jeff Richardson, Wi-Fi

In the news, by Jeff Richardson, iPhone J.D. Blog

http://www.iphonejd.com/iphone_jd/2014/07/apple-2014-q3.html

In this version of Jeff Richardson’s “In the news,” we get a wide variety of iPhone and iPad candy. There is  information about Apple’s new partnership with IBM, smart watches, making the most of Wi-Fi on an iPhone or iPad, apps to track billable hours and listen to podcasts, the iStick – a new thumb drive with a USB and Lightning connector to transfer files between a computer and an iPad without having to use a cloud (a bit pricey for my budget), and Touch ID – a fingerprint scanner for iPhone 5s.

For those of you already in football mode, Jeff shows us how to subscribe to NFL Sunday Ticket from any iOS device for $200.

If you are a hiker, you may be interested in a new device that lets you connect to another iPhone or Android device up to 50 miles away even when there is no cell or Wi-Fi Service. You may think of other ways this kind of thing would be handy.  It is nice when traveling abroad because it will allow you to remain in touch with another GoTenna user without having to pay the high international cell roaming fees.

If you think that no one hears you, send an email to Apple COE Tim Cook. Someone sent an email about the quality of the music played while waiting on hold with Apple. Mr. Cook read the email, and fixed it. -CCE

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Canvas Fingerprinting – The Online Computer Tracking Device Almost Impossible To Block.

23 Wednesday Jul 2014

Posted by Celia C. Elwell, RP in Computer Forensics, Cybersecurity, Identity Theft, Legal Technology

≈ Comments Off on Canvas Fingerprinting – The Online Computer Tracking Device Almost Impossible To Block.

Tags

AdBlock Plus, AddThis, Canvas Fingerprints, Computer Code, Computer Forensics, Computer Tracking, Julia Angwin, Mashable, Privacy, ProPublica, User Profiles

Meet the Online Tracking Device That is Virtually Impossible to Block, by Julia Angwin, ProPublica

(This story was co-published with Mashable.)

http://tinyurl.com/mbqqrw

Update: After this article was published, YouPorn contacted us to say it had removed AddThis technology from its website, saying that the website was ‘completely unaware that AddThis contained a tracking software that had the potential to jeopardize the privacy of our users.’  A spokeswoman for the German digital marketer Ligatus also said that is no longer running its test of canvas fingerprinting, and that it has no plans to use it in the future.

A new, extremely persistent type of online tracking is shadowing visitors to thousands of top websites, from WhiteHouse.gov to YouPorn.com.

First documented in a forthcoming paper by researchers at Princeton University and KU Leuven University in Belgium, this type of tracking, called canvas fingerprinting, works by instructing the visitor’s Web browser to draw a hidden image. Because each computer draws the image slightly differently, the images can be used to assign each user’s device a number that uniquely identifies it.

*      *     *

Like other tracking tools, canvas fingerprints are used to build profiles of users based on the websites they visit — profiles that shape which ads, news articles, or other types of content are displayed to them.

But fingerprints are unusually hard to block: They can’t be prevented by using standard Web browser privacy settings or using anti-tracking tools such as AdBlock Plus.

The researchers found canvas fingerprinting computer code, primarily written by a company called AddThis, on 5 percent of the top 100,000 websites. . . .

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10 Top Law-Related TED Videos.

20 Sunday Jul 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Computer Forensics, Computer Fraud and Abuse Act, Computer Virus, Copyright, Criminal Law, Cybersecurity, Digital Millenium Copyright Act, Discovery, Encryption, Evidence, Finance and Banking Law, Fraud, Google, Government, Identity Theft, Intellectual Property, Law Office Management, Legal Technology, Legal Writing, Legalese, Malware, Management, Patent Law, PC Computers, Plain Language, Presentations, Search Engines, Trial Tips and Techniques, Trojans, Video

≈ Comments Off on 10 Top Law-Related TED Videos.

Tags

Copyright, Crime, Eyewitness, Fashion Industry, Government, Internet, Legal Productivity Blog, Legalese, Patent Troll, Plain Language, TED, Tim Baran

Top 10 Legal TED Talks, by Tim Baran, Legal Productivity Blog

http://www.legalproductivity.com/op-ed/top-10-legal-ted-talks/

Have you heard of TED? It began in 1984 as a conference and now covers a wide range of topics in more than 100 languages.  Think of it as a massive brain trust that shares great ideas and information.

Each of the law-related TED talks listed in this article are worthwhile on their own: (1) four ways to fix a broken legal system; (2) eliminate legalese by using plain English; (3) how to beat a patent troll; (4) how the Internet will change government; (5) laws that choke creativity; (6) copyright law; (7) why eyewitnesses get it wrong; (8) how technology could make crime worse; (9) the Internet and anonymity online; and (10) how great leaders inspire. -CCE

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Lawyer Explains How TrialPad 4.0 Made Trial Presentation A Piece of Cake.

12 Saturday Jul 2014

Posted by Celia C. Elwell, RP in Adobe Acrobat, Apple, Apps, Graphics, iPad, Legal Technology, Mac, Presentations, Technology, Trial Tips and Techniques

≈ Comments Off on Lawyer Explains How TrialPad 4.0 Made Trial Presentation A Piece of Cake.

Tags

Ian O’Flaherty, iPad, Lawyerist Blog, Todd Hendrickson, Trial Exhibits, Trial Presentation, Trial Tips & Techniques, TrialPad

TrialPad 4.0: Trial Presentation Made Easy, by Todd Hendrickson, Lawyerist Blog

http://lawyerist.com/74651/trialpad-trial-presentation/

I recently put TrialPad 4.0 through its paces during  a two-week trial — but not from the start. As in the past, I felt to overwhelmed to add figure out a new app to my trial prep to-do list.

So I started trial using Acrobat to display documents. I am very comfortable with Acrobat, and I knew I would not have to wonder about how to find a particular feature or function in the middle of trial.

After all, like most paperless lawyers, I use Acrobat on a daily basis. But by day two of what I knew would be a two-week trial, I was frustrated with the limitations of Acrobat, particularly the inability to do a call-out on the fly. This was hampering my ability to really emphasize key pieces of evidence.

A heavenly light should have descended.

I had a copy of TrialPad from Ian O’Flaherty, who developed it. Ian was kind enough to provide me with a code to download TrialPad at no cost. This is probably why I felt no need to use it, since I wasn’t invested in it. But now I had to get up and running overnight if I wanted to use something better than Acrobat during my trial. And I did get up and running overnight. I went back to my hotel room, loaded up the documents I knew I would be working with the next day, ran through the process of presenting and annotating, and then set back to prepare for the next day of trial.

With more than a little trepidation, I hooked my iPad up to my projector the next day at trial.

A heavenly light should have descended. I’m not kidding, TrialPad was nearly magical. To say that ease of use is built in is a vast understatement. . . .

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Android Users – Good Advice And Alternative Options For Google Calendar Sync.

09 Wednesday Jul 2014

Posted by Celia C. Elwell, RP in Android Phones, Apps, Cell Phones, Google, Legal Technology, Microsoft Office, Outlook

≈ Comments Off on Android Users – Good Advice And Alternative Options For Google Calendar Sync.

Tags

Android Apps, Android Phones, Gmail, Google Apps, Google Calendar Sync, Jeffrey Taylor, Outlook, The Droid Lawyer Blog

How to: Alternative Options for Google Calendar Sync, by Jeffrey Taylor, The Droid Lawyer Blog

http://tinyurl.com/q25996p

Android users who sync their Google calendars with Outlook received a shocking email:

Important Announcement about Google Calendar Sync

Almost two years ago, we announced that we ended support for Google Calendar Sync. Starting on August 1, 2014, this app will no longer sync events between your Google Calendar and Microsoft Outlook Calendar.

As a Google Apps for Business, Education, or Government customer, you can use Google Apps Sync for Microsoft Outlook®.

Follow these instructions to uninstall Google Calendar Sync from your computer.

– The Calendar Team

This is frustrating, because as some folks point out, Microsoft should provide this integration for Outlook users. But the truth is, instead of helping its loyal Android customers, Microsoft wants more people using Windows phones and Office 365. This news makes many Android-Outlook users want to abandon their Android devices all together.

Purely out of coincidence, I have a local friend who emailed me a similar question about syncing his calendar with Outlook:

You know that I am fairly stupid when it comes to this stuff!  LOL!  I use [a big name telephone company] as my primary email, and too many people have it to change it after so many years.  I guess I could keep that as my primary email address and just use Google Calendar exclusively.  I just hate to have to log in to use the calendar.  Lazy I guess.  I do, however, also have a Gmail address!  Any suggestions other than ‘using all of Google’s products’?

Stop the insanity: software solutions

There are a number of third party applications available for syncing Google Calendar with Outlook. However, a lot of questions remain about whether Google Calendar will still sync with third party programs.

If you want to test them, here’s a short list of some programs with good reviews:

•gSyncit ($19.99 single license)

•Outlook4Gmail ($19.99 single license)

•Calendar Sync Pro for Outlook ($9.99)

•synqYa

•CompanionLink ($49.95)

I’m not sure how well these will work after the August 1 deadline, though gSyncit indicates they’ve rewritten their program to coordinate with Google’s API demands. If I was going to pick an option, I’d probably select gSyncit based on that statement.

I also suggest you keep up to date with any advances by following this Google products forum thread.

Submit yourself to “the Borg”

I think my friend’s easiest option is to commit himself to Google’s services, and here’s why.

First, no attorneys should be using free Google accounts for their business work. Thus, if you’re using a yourname@gmail.com to send and receive firm and client related information, stop right now. Sign up for a Google Apps account — ask me for a referral partner discount discount code — that offers more features (including no scanning), security, and encryption of email. Having a Google Apps account also enables you to access Google Apps Sync for Microsoft Outlook. . . .

Don’t stop here! There’s more. -CCE

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How To Make a Timeline Exhibit Using Microsoft Excel.

04 Friday Jul 2014

Posted by Celia C. Elwell, RP in Excel, Exhibits, Legal Technology, Microsoft Office, Trial Tips and Techniques

≈ Comments Off on How To Make a Timeline Exhibit Using Microsoft Excel.

Tags

Deborah Savadra, Legal Office Guru Blog, Legal Technology, Microsoft Excel, Timeline

Creating A Custom Timeline In Excel, by Deborah Savadra, Legal Office Guru Blog

http://legalofficeguru.com/custom-timeline-in-excel/

If you do not have special litigation software and need to create a timeline exhibit for your case, hang on to this post. It will come in handy, as will the Legal Office Guru Blog.  If you cannot find what you need there, try the Addictive Tips Blog – another good “how to” resource. -CCE

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Is It Time For A “Bring Your Own Device” Policy for Your Law Office?

01 Tuesday Jul 2014

Posted by Celia C. Elwell, RP in Android Phones, Apple, Blackberry Phones, Cell Phones, Clouds, Computer Forensics, Confidentiality, Cybersecurity, Disaster Preparedness, Emails, Encryption, Google, Intellectual Property, iPad, iPhones, Law Office Management, Legal Blogs, Legal Ethics, Legal Technology, Mac, Management, Marketing, Passwords, PC Computers, Social Media, Supervising Support Staff, Tablets, Technology, Using Social Media

≈ Comments Off on Is It Time For A “Bring Your Own Device” Policy for Your Law Office?

Tags

Apple, Blackberry Phone, Cell Phones, Confidentiality, Curo Legal Blog, Cybersecurity, iPads, iPhones, Legal Ethics, Mobile Device Policy, Passwords, Tablets, Will Harrelson

Mobile Device Security for Lawyers: How Solos and Small Firms can Ethically Allow Bring Your Own Device, by Will Harrelson, Curo Legal Blog (with hat tip to Jeff Richardson, iPhone J.D. Blog!)

http://tinyurl.com/lrrnp7g

The Start of Bring Your Own Device Policies

It really is the iPhone’s fault. Yes, Apple is to blame for designing the most desirable piece of technology of the last decade. So desirable, in fact, that employees of all stripes requested (and, often, begged) their IT departments to toss the increasingly-‘corporate’ Blackberry out the window and allow the use of their personal iPhones for corporate emails and calls. As a result, we have been living in the age of ‘Bring Your Own Device’ where employees use a single personal mobile phone (or tablet) for both their personal email, texting, and social media while also using it for work email, word processing, and other enterprise applications.

Before the Bring Your Own Device era, a company’s greatest out-of-office security concern was an employee who left a briefcase in a taxi. Today, the worry is an employee misplacing a device the size of wallet containing almost limitless amounts of data that criminals or hackers would easily and quickly exploit if given the chance. Clearly, there is an obvious financial motivation for all businesses to protect their own or customer’s sensitive data.

However, lawyers face particular ethical consequences if they fail to take reasonable efforts to either investigate the technologies that they implement or protect their client’s confidential information. . . .

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Why Defendant Former Employers Do Not Get Mirror-Image of Plaintiff’s Personal Computer.

30 Monday Jun 2014

Posted by Celia C. Elwell, RP in Computer Forensics, Discovery, E-Discovery, Emails, Employment Law, Evidence, Forensic Evidence, Law Office Management, Legal Technology, Requests for Production, Technology

≈ Comments Off on Why Defendant Former Employers Do Not Get Mirror-Image of Plaintiff’s Personal Computer.

Tags

Bow Tie Law’s Blog, Computer Forensics, Discovery, Employment Litigation, ESI, Joshua Gilliland, Judge James G. Welsh, Proportionality

Proportionality Prevents Mirror Imaging of Family Computers, by Joshua Gilliland, Bow Tie Law’s Blog

http://tinyurl.com/osvw3ws

The Defendants in employment litigation sought the mirror imaging of the Plaintiff’s personal computers three years after she had been terminated. The crux of the eDiscovery centered on the former employee forwarding emails from her supervisors email to her personal account, which the Defendants claimed were lost by the Plaintiff. The Court denied the motion to compel. Downs v. Va. Health Sys., 2014 U.S. Dist. LEXIS 74415, 6-11 (W.D. Va. June 2, 2014).

Judge James G. Welsh did a very nice job of summarizing ESI relevant to a case,proportionality, and the rules for conducting forensic analysis on an opposing party’s hard drive. The Court held the following:

(1) Nothing in the record suggests any willful failure, fault or bad faith by the plaintiff on her discovery obligations that would justify the requested computer forensics examination;

(2) The “mirror-imaging” of the plaintiff’s family computers three years after her termination raises significant issues of confidentiality and privacy;

(3) There was no duty on the part of the plaintiff to preserve her family computers as evidence;

(4) Principles of proportionality direct that the requested discovery is not sufficiently important to warrant the potential burden or expense in this case; and

(5) On the current record that the defendants have failed to justify a broad, and frankly drastic, forensic computer examination of the plaintiff’s two family computers.

Downs, at *9-10, referencing McCurdy Group v. Am. Biomedical Group, Inc., 9 Fed. Appx. 822, 831 (10th Cir. 2001); see also Basile Baumann Prost Cole & Assocs., Inc. v. BBP & Assocs. LLC, 2013 U.S. Dist. LEXIS 51264, *8 (D. Md. Apr. 9, 2013). . . .

 

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PowerPoint Basics and Beyond for 2010, 2007, and 2003.

29 Sunday Jun 2014

Posted by Celia C. Elwell, RP in Legal Technology, PowerPoint, Presentations

≈ Comments Off on PowerPoint Basics and Beyond for 2010, 2007, and 2003.

Tags

About.com, Legal Technology, PowerPoint, PowerPoint Guide, PowerPoint Presentation, Trial Tips & Techniques, Wendy Russell

PowerPoint for Beginners – How to Use PowerPoint, by Wendy Russell, About.com

Beginner’s Guide to PowerPoint 2010

http://presentationsoft.about.com/od/powerpoint101/a/begin_guide.htm

The basics, beyond the basics, and tips and tools. Additional links, quick tips, presentation tips, and related articles. If you don’t have 2010, information for 2003 and 2007 PowerPoint is also included. -CCE

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