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Cyber Requirements in the Workplace

Blog by Calvin Platten, General Counsel, Ipro

It is important for a company to protect its cybersecurity to minimize opportunities for breaches and other situations where critical data may be leaked to unsavory characters. While the technical aspects of creating a secure network may be a job for IT, cybersecurity is the responsibility of all employees. The weakest link in a network is frequently a company’s own employees.

For example, phishing e-mails often proceed cyber-attacks. They are not just e-mail SPAM. They are e-mails targeting employees who have access to financial accounts, PII, and/or PHI. The following is information from the ISACA on the epidemic of phishing e-mails proceeding cyber-attacks throughout the U.S.

1. Intelligence Gathering

  • It takes an average of 4 minutes from the time a phishing e-mail is sent until the victim opens it and clicks on the link or attachment.

2. Initial Exploitation

  • Phase one Malware is installed when someone clicks on an e-mail link – Phase one Malware remains on the victim’s PC an average of 270 days without being detected.

3. Command and Control

  • The Malware phones home to get instructions and goes silent – Antivirus Software can’t detect this activity.

4. Privilege Escalation

  • ISACA found that 63% of data breaches were a result of stolen user credentials.
  • By targeting an individual with just 10 phishing emails, 90% of the targeted users clicked the link and were compromised.

5. Data Exfiltration Occurs

  • Cybercrime has evolved into a long game. When it comes to moving data off your network the hackers will end up using our own FTP servers, Webex, Skype, and other business applications that you need to run your business just because they can.

To prevent its employees from succumbing to phishing e-mails and other cyber scams a company needs to establish clear policies for cyber security, create a system where employees are encouraged to report breaches of the policies, continually review and update their policies, and discuss the up to date policies with all employees, not just management.

Why We Should Never Be Satisfied with the Technology We Have

Many, if not all of us, were taught the importance of being thankful for what we have. In a society that endures the pressure of needing to “keep up with the Jones’”, there is great wisdom in being content with the opportunities you do have; we know that this is where lasting happiness resides.

So how is technology any different?

On an individual level, it isn’t. A person will experience hardly any change if he decides to not upgrade to the latest smartphone or if she is content with her used sedan. New technology is meant to make our lives more efficient and enjoyable, but each year can be perfectly fulfilling without the newest gadget. However, on a societal level is where we see a lasting impact.

Detroit of 1950

In the mid-1990’s, the city of Detroit was enjoying all the benefits and opportunities a booming auto industry could offer. More and more people were pouring into its suburbs, and this city boasted a population of 1.8 million in 1950, making it the 4th largest city in the nation. Unfortunately, Detroit never moved past the auto industry of 1900’s and the city has experienced rapid decline and deterioration ever since, leaving it at a low population of 677,116 in 2016.

Detroit of 2016

In contrast, we have the story of Dubai, a small fishing village in the Middle East with less than 40,000 inhabitants in 1950. This community had been ravaged by economic depressions and geological problems, and it didn’t look like the future would be much different.

Dubai of 1950

Even after the discovery of oil in the 1960’s, it would take thirty more years for this city to make the giant technological strides that led it to currently house almost 2.8 million people and be one of the most technologically-advanced communities in the world.

Dubai of 2016

New technology can be frustrating and daunting to learn. It’s unfamiliar, foreign, and new. But like most great opportunities and achievements, it is worth our investment. What if the people of Dubai chose to stick with fishing because that’s what made them most comfortable? Dubai wouldn’t be the success story it is today.

As a society, we need to be continually searching for and embracing better technology. That doesn’t mean we can’t be pleased with the Bluetooth system in our car or the high definition of our flat screen TV. Rather we shouldn’t be afraid of the unknown in technology. If society never strives to progress and improve, we’ll never know what we are capable of.

Your choice: Detroit or Dubai?

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What if Atticus Finch Lived in the 21st Century?

First, Atticus would definitely fit in with his tasteful glasses and sophisticated three-piece suit. Second, his experience in the courtroom would be completely different from the events that happened during the infamous “Robinson v. Ewell” case. The single father and lawyer from the classic novel “To Kill a Mockingbird” has been a timeless example of honor, determination, and brilliance. He whole-heartedly defended and verbally fought for a man who had been rejected by society because Atticus knew the defendant was innocent.

Photo Credit: The Federalist

Mr. Finch pointed out the many discrepancies between the various accounts of the crime, and in the mind of the reader, he proved the innocence of Tom Robinson. Unfortunately, the efforts of this brilliant attorney weren’t enough. Tom Robinson was declared to be guilty, and he was later shot to death by prison guards.

Although the case presented in the novel is fictional, it is interesting to speculate what would have happened if the trial happened this year with all the available technologies and methods.

Atticus arrives at the courthouse with his trial presentation in hand; he has spent countless hours organizing his exhibits and timecoding the depositions of key players in the case. He put in a lot of effort, but he is confident that his presentation will be enough to convince the jury of a not-guilty verdict.

Throughout the trial, Mr. Finch uses his presentation software to show key segments of the depositions of Mayella Ewell, Tom Robinson, and Bob Ewell, which causes the jury to focus on key evidence without being distracted by irrelevant information.

Atticus also pulls up a document that has already been annotated with highlights and underlines onto the presentation screen, which outlines the accident Tom Robinson had as young boy getting his left arm caught in a cotton gin, now making it impossible for him to use that arm. The remainder of the trial continues with Atticus presenting key exhibits that allow the jury to be engaged and well-informed about all aspects of the case.

Mr. Finch presents his closing argument, supported by the numerous exhibits and facts he previously shared. As he finishes, the jurors find themselves in an interesting position: the material of the case was presented so fluidly and concisely that they can’t deny the certainty of Tom’s innocence, yet they still must face the social pressures of their community.

Skilled and determined litigators are powerful, but combine these litigators with an effective trial presentation and you have a successful team.

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The Solution You Didn’t Know You Needed

Imagine if every member of your jury entered the courtroom with a basic understanding of how to navigate the legal system.  Instead of spending precious time trying to explain the basics of law practices, you could focus on the evidence and timeline of your case. They would understand your presentation and you wouldn’t lose their attention. It probably sounds too good to be true.

While this scenario may seem unrealistic and out of reach, Kimball Parker, the creator of the legal education website CO/COUNSEL, announced a solution that will make that dream a reality. It’s called LawX.

Partnering with Gordon Smith, dean of Brigham Young University’s Law School, Parker plans to create a legal design lab this upcoming fall semester. This lab will be dedicated to brainstorming solutions for the thousands of people who have limited knowledge of legal affairs. According to an article published in the Daily Herald, “This is a serious issue because navigating the law is very difficult and the consequences are high…If you make the wrong move, you can lose a lawsuit. Period.”

Individuals working with LawX hope to develop software and new legislation to implement the change that many Americans desperately need. Because a new legal topic will be tackled each semester, LawX participants have plenty of work on their plates.

But how does this new design lab affect your jury? With legal practices and methods being presented in a way that is more accessible and more easily understood, more of the general population will better comprehend the events that occur within a courtroom. They will understand the language of your case and presentation, and their decisions will be based on evidence and facts rather than their own personal biases and perceptions of litigators.

Not only will the jury benefit from the work of this design lab, but attorneys will have additional tools to better communicate with their clients about the proceedings of a case. Although the many benefits of LawX won’t be obvious immediately, we can have confidence that innovation in the legal field is headed in a promising direction.

Check out this video for more details about the potential solution to legal inexperience.

Connect with us on Twitter, Facebook, and LinkedIn, or learn more about TrialDirector and how it can help you by visiting our website. Already have TrialDirector? Check out one of our training courses.

5 Must-Follow Best Practices for Implementing New eDiscovery Technology

new ediscovery technology

There’s no question any organization can benefit from new eDiscovery technology. However, it’s still important to keep in mind this requires more than just making a purchase. To fully reap all the benefits (and avoid disrupted productivity), there are best practices that an organization should keep in mind when bringing in the latest technology.

Because organizations today vary so much in size and scope, we will discuss a few of these best practices from a high level. There might be one or more practices specific to your own organization, but the following concepts are universal.

1. Outline Your Objectives

For starters, simply replacing your old products is not an adequate objective. Similarly, it’s not sufficient to implement new eDiscovery technology, then send out a company-wide email to announce it, and then hope your team adopts the new software. Instead, apply a project-management approach. Set tangible goals to define your success, e.g.:

  • Check Workflow Compatibility
  • Deploy Role-Specific Training
  • Perform Comprehensive Testing
  • Ensure Proper Migration

When you’re measuring concrete objectives against tangible metrics, determining success is less of a mystery. It also makes setting future objectives, which might depend on technology integration, much easier.

2. Check Workflow Compatibility

Most organizations are unique in the way individuals go about doing their jobs. New eDiscovery technology is usually deigned to mirror, from somewhat of a high level, these workflows. But don’t assume the technology on your short list will line up perfectly with your own workflow.

Many customer-focused providers — Ipro Tech, for example — will deploy professional teams to your location to ensure a successful integration. This can save you countless hours and resources, as it’s obviously a disruptive process to re-define current roles in order to accommodate new technology.

3. Deploy Role-Specific Training

Your team is made up of individuals with different responsibilities, and their day-to-day experiences with your new technology will vary greatly. It’s important to tailor training specifically to the objectives and challenges these individuals will face.

For example, it’s very unlikely someone in your administrative group will need to troubleshoot database connectivity. Conversely, nobody on your IT staff is going to be responsible for syncing up Bates numbers. Don’t dedicate too much time to training individuals beyond their day-to-day responsibilities, and don’t leave anyone with a knowledge gap that will hamper their productivity.

4. Perform Comprehensive Testing

Just like sending that companywide email to announce your technology launch, it’s not adequate to simply open up access to users and ask them to hunt for bugs. Instead you should employ a comprehensive search for specific shortcomings by applying established testing methods:

  • Organizational Testing — Audit your organization to ensure necessary resources are available, such as online training and technical manuals, people well versed in the new technology, and a forum or wiki for sharing information.
  • Feature Testing — Before you add to or modify your new technology, run features through likely scenarios to ensure users are prepared to have them in workflows.
  • Performance Testing — It’s important to be aware of your technology’s limitations, so deliberately attempt to max out its performance to discover those limits.

Testing, obviously, prepares your organization for any missteps that might occur once your technology is fully implemented. I can’t overstate how important it is to clear these obstacles in testing environment, rather than having them stumble through them during your real-world operations.

5. Ensure Proper Migration

Once your previous technology is completely phased out, it’s going to be very difficult (if not impossible) to recover any data phased out with it. Gain peace of mind you’re retaining any data you’ll eventually need by performing a full-scope migration for new eDiscovery technology. Think of this as a checklist reminding you to gather up important items like:

  • Historical Data — This often-archived data, when re-examined, can guide future efforts through insights into activity, contextual factors and trends.
  • User Information — Avoid duplicating setup tasks by checking information related to how individuals work within an environment.
  • Work Product — Perhaps most importantly, protect that critical data prepared specifically ahead of litigation.

With these data sources checked off, you can more confidently sunset the technology you’ve been using without worrying that critical resources are vanishing alongside it.

Get Answers Today

If you have any questions about the material in this post, please don’t hesitate to contact Ipro Tech. An experienced eDiscovery professional is standing by ready to deliver the answers you need.

3 Ways to Control eDiscovery Costs

Control eDiscovery Costs

eDiscovery Costs: The Big Picture

There’s no “magic bullet” that will fractionalize eDiscovery costs, but that’s not to downplay the importance of chipping away at them. According to Norton Rose Fulbright’s 2016 Litigation Trends Annual Survey, on average litigation spend can account for at least 0.1 percent of revenue for companies worldwide. And because discovery can eat up more than 50 percent of the cost of litigation, it’s understandable that respondents were wary of eDiscovery spending:

“A significant proportion of respondents talked about the costs and resource implications of eDiscovery and how it was growing out of proportion to the benefits gained.”

—Norton Rose Fulbright’s 2016 Litigation Trends Annual Survey

But rather than considering this a negative, it’s important to see the big opportunity: you can become a hero to your organization by leaning out expenditures on eDiscovery. Empowering you to seize that opportunity is what drives innovation here at Ipro Tech. Let’s take a look at three ways you can save eDiscovery dollars by spending wisely and reducing the amount of time, people and errors involved in the process.

Understand the Scope of Your Data

In the book E-Discovery: An Introduction to Digital Evidence, you’ll find an important (if not common-sense) assertion: “E-discovery costs can inflate rapidly when investigators haven’t planned the discovery’s scope carefully…”

Be fully aware of what it’s going to take to get through your data, and then make sure you have the right resources in place to handle the job. It’s incredibly stressful — not to mention expensive — when you’re left at a standstill because your technology or personnel aren’t enough to get it done.

You can save a substantial amount of money simply by shopping around, rather than scrambling to add resources at the last minute.

stressful ediscovery costs

Automate Key Steps of Your Workflow

With the advent of new eDiscovery technology, such as Ipro’s ADD Automated Digital Discovery® platform, it’s becoming possible to get more done with fewer touches. For example, you no longer need staff dedicated to pushing batches through your workflow. Streaming technology can automatically move data, for example, between processing and review applications — creating a dynamic feed of documents without long waits for each batch.

Fewer human touches not only saves you time, it can drastically cut down those errors which are, frankly, unavoidable with people handling data. To further simplify the process, some of the newest eDiscovery technology includes an easy-to use interface that lets anyone with user permissions upload data to your workflow. You can also find features that help you establish chain of custody, and create numerous types of reports.

Leverage Cloud-based Resources

As we’ve discussed before, leveraging cloud-based resources for eDiscovery can provide a huge competitive advantage. For starters, you avoid the significant expenses involved with IT personnel and infrastructure. Many of today’s most customer-centric technology providers stay on the leading edge with offerings such as software (SaaS) and infrastructure (IaaS) as services.

Savings aren’t the only advantages of moving to the cloud. Because you can add resources as needed, without long-term commitments, you can take on larger (and more lucrative) matters without maintaining the resources needed to handle them. The cloud also removes many technological headaches, leaving you free to focus on litigation.

The Ipro Cloud is one option here, and Ipro has developed a network of more than 400 service providers who offer our software via their own hosting platforms.

Get Answers Today

If you have any questions about the material in this post, please don’t hesitate to contact Ipro Tech. An experienced eDiscovery professional is standing by ready to deliver the answers you need.

Top 4 Reasons for Moving to Cloud eDiscovery

move cloud ediscovery

The first time I saw someone with a netbook, I have to admit thinking, “Who in the world would want a computer that can only connect to the Internet? What about all your files and applications?” That skepticism didn’t last long, though, especially after I saw the price of netbooks — and spent an entire day lugging my 2000s-era laptop around various airport terminals. It’s fair to say experiences like mine helped cloud computing catch on as quickly as it has.

But in some industries folks aren’t so quick to fall in love with the latest technology, and law is certainly one of them. That means early adopters of new legal technology — when it eventually proves essential — will hold significant advantages over those who maintain wait-and-see attitudes. Cloud eDiscovery is a perfect example. With that in mind, I’d like to present what are (in my humble opinion) four of the biggest reasons for moving to a solution like the Ipro Cloud.

1. Cloud eDiscovery Saves You Big Money

Technical resources like servers and IT personnel are expensive, but you entirely avoid those costly outlays when they’re the responsibility of your cloud provider. In fact, many of today’s most customer-centric technology providers are also creating new pricing models — usually tailored to your business needs, as an enticement — that allow you to avoid paying for something you don’t use.

2. Cloud eDiscovery Lets You Focus on Litigation

Let’s be honest: you can only get so much done in a day, and it takes lots of time to learn new stuff. If you’ve put decades toward becoming one of the best in your field, why learn how to be an IT guy? Cloud eDiscovery removes not only much of the cost of technology, but also most of the headaches that come with configuring and maintaining it. You just focus on what you do best… litigation.

3. Cloud eDiscovery Makes You More Nimble

With the ability to add software and infrastructure as needed, you’re free to grow your business in real time, without being handcuffed to projected growth. This business model, which effectively levels the playing field, is quickly catching on. In fact, Forbes estimates that worldwide spending on cloud services will have grown nearly 20 percent — to more than $141 billion — between 2015 and 2019.

4. Cloud eDiscovery Can Give You a Competitive Advantage

Let’s look at competition in the legal sphere like a foot race: If your competitor maintains that wait-and-see attitude while you confidently move forward, it’s like taking off at a dead sprint while your opponent has yet to get past the starting line. If I haven’t convinced you by now, perhaps it’d be best to leave you with some thoughts from the Harvard Business Review:

As cloud services have matured and adoption has increased, research has consistently shown that using cloud has enabled companies to act more quickly and to collaborate more easily. This has conferred competitive advantage on early adopters.

Get Answers Today

If you have any questions about the material in this post, please don’t hesitate to contact Ipro Tech. An experienced eDiscovery professional is standing by ready to deliver the answers you need.