The Suffolk Journal of Trial and Appellate Advocacy law journal published Peeking Inside the Black Box: A Preliminary Survey of Technology Assisted Review (TAR) and Predictive Coding Algorithms for eDiscovery (21 Suffolk J. Trial & App. Advoc. 221, 221-286 (2016)). The article explores the sometimes complex…
Article on eDiscovery Technologies Pending Law Journal Publication
The Suffolk Journal of Trial and Appellate Advocacy law journal will publish Peeking Inside the Black Box: A Preliminary Survey of Technology Assisted Review (TAR) and Predictive Coding Algorithms for eDiscovery. Shannon Brown is excited about the law journal publication. He taught eDiscovery technologies at…
Attorney Brown Teaches Law School Course on eDiscovery Technologies
Attorney and Adjunct Professor Shannon Brown taught a course on eDiscovery technologies such as keyword search, technology assisted review (TAR), predictive analytics, and predictive coding. Unlike typical eDiscovery courses, which often gloss-over the technologies, law students became deeply engaged in the technical aspects of eDiscovery including completing a hands-on,…
Pennsylvania CLE Board Adds Technology Ethics Category
In October 2014, the Pennsylvania CLE Board Website added a new category for lawyer CLE programs called Ethics–Technology (new ETH10). Attorney Shannon Brown requested the additional category in light of the Pennsylvania Supreme Court’s changes to the Pennsylvania Rules of Professional Conduct effective November…
Attorney Brown Receives Cybersecurity Technical Certification
Attorney Shannon Brown passed the new, performance-based, CompTIA Security+™ certification exam on September 16, 2014. CompTIA Security+™ certification provides an industry-recognized method to objectively demonstrate technical skills in computer security, data security, or cybersecurity. The new cybersecurity certification is believed to be a first for an attorney in Pennsylvania. The…
Texas Bar Opinion 642 and Today’s Legal Profession
In May 2014, the Texas Bar Association’s Professional Ethics Committee released Opinion 642 barring law firms from using the title “officer” or “principal” in non-lawyer job titles such as Chief Information Officer. Shockingly, the opinion unleashed a howl of protest from lawyers—even…
Cybersecurity Basics for Pennsylvania Law Firms
Most Pennsylvania law firms either misunderstand cybersecurity [computer and network security] or significantly underestimate the threat of data breaches at law firms. Successful “hacks” can result in the loss of client confidential data or even losses of escrow funds. Considering the November 2013 updates to the…
Recent Interviews by Kiplinger, PBS NewsHour, and California Lawyer
Several national publications recently interviewed Attorney Shannon Brown about emerging technology-law topics such as drone aircraft and cloud computing. Kiplinger and PBS NewsHour interviewed Attorney Shannon Brown about drone aircraft and UAVs. Drones (unmanned aerial vehicles or unmanned aircraft) pose a number of risks to communities and individuals from…
Pennsylvania’s New, Technology-related, Ethics Rule Changes for Lawyers
Fifteen pages of changes to the Rules of Professional Conduct (Rules) went into effect in November 2013. The changes primarily reflect the increased roles of technologies in law practice—both as important lawyering tools and as material to legal matters. Put simply, the Rule changes make express that every attorney…
Attorney Brown Interviewed for Article on Cloud Computing
California Lawyer Magazine interviewed Attorney Shannon Brown for a forthcoming article on cloud computing issues facing lawyers and focusing on Software as a Service (SaaS) options. Cloud computing vendors heavily promote SaaS options to lawyers. The article will help lawyers to understand sometimes complex…
Predictive Coding Session at the Lancaster Bar Association
On 15 October 2013, attorney Shannon Brown presented a CLE entitled An Introduction to Predictive Coding, TAR, and Emerging eDiscovery at the Lancaster Bar Association’s 2013 Bench Bar Conference. The well-attended event covered general issues increasingly facing attorneys involved in eDiscovery (and normal law practice): getting a grasp on the…
An Introduction to Malware for Lawyers
The FBI recently warned that law firms are specific targets of computer criminals (cybercriminals) seeking unauthorized access to data. Pending changes to the Rules of Professional Conduct re-state the lawyer’s duty to reasonably secure computers to protect client confidentiality. Thus, cybersecurity emerges as a law practice issue.
Potential Problems & Perils of eDiscovery Outsourcing
Predictive coding, technology assisted review (TAR), computer assisted document analysis (CADA), predictive analytics, document review, eDiscovery software. Important new tools for the legal community. Deep (and probably a little disconcerting) technology for many lawyers.While outsourcing eDiscovery seems compelling, eDiscovery outsourcing can pose some potentially serious ethical problems for an attorney and law firm.
Invited to Present at a National, Legal-Technology-Ethics Program
Attorney Shannon Brown was invited to present on emerging technology-ethics issues for a nationally broadcast ethics program. The program, entitled Legal Ethics and Technology: Complying With Changes to the Model Rules of Professional Conduct, will explore topics such as the ABA 20/20 Commission Model Rule updates related to technology, cloud computing, and encryption.
CALI’s Topics in Digital Legal Practice Completed
Attorney Shannon Brown completed the nine-week Topics in Digital Legal Practice course offered by CALI. The non-credit, online course (MOOC) covered emerging topics such as Virtual Law Offices, Document Automation, Un-bundled Legal Services, and Social Media. The primary take-away was: the legal profession has changed significantly due to technology innovations.
Head in “the Clouds” … And Don’t Know It?
Pennsylvania Lawyers Must First Assess Whether the Lawyer Is “In the Cloud” Before Complying with a Lawyer’s “Reasonable Efforts” Ethics Obligation When Using the Cloud
Is your firm using Gmail, Google Calendar, Dropbox, Hotmail, Windows LIVE!, GoogleDocs,
Decrypting Encryption for Pennsylvania Lawyers: Understanding Encryption Basics Before Considering Cloud Computing
Pennsylvania Lawyers Should Understand the Basics of Common Encryption Algorithms Before Engaging in Cloud Computing
You are considering cloud computing. The cloud provider ad reads:
Your cloud data is protected with military-grade, 256 bit, AES encryption.
“Wow!,” you think. Military grade. Sounds impressive. That must be good [enough]. But ….
Data Backup Basics for Pennsylvania Lawyers
With the recent massive flooding, a hurricane, and an earthquake in Pennsylvania, lawyers may be re-evaluating data backup plans (you DO have a current, data backup plan). This article provides basic information for creating backups for solo or small law firms.
Navigating the Fog of Cloud Computing
Cloud computing may raise ethical questions. It also requires technical competence. Are you ready?
Published as: Shannon Brown, Navigating the Fog of Cloud Computing, The Pennsylvania Lawyer 18–22 (Sept./Oct. 2011).
Navigating the Fog of Cloud Computing: An Unofficial Supplement to The Pennsylvania Lawyer Article
Attorney Brown compiled some of his most recent articles and blog posts related to cloud computing. If you read the recent article, “Navigating the Fog of Cloud Computing” in The Pennsylvania Lawyer, these articles might also be of interest for lawyers.
S/MIME Encrypted Email Available
Attorney Brown now offers an additional method for client’s to encrypt emails sent to Attorney Brown and for Attorney Brown to authenticate emails.
Hiatus Explained—Technology & Ethics CLE Pending
For the past few weeks, Attorney Brown took a brief hiatus from blogging and website articles to prepare for a forthcoming Legal Ethics & Technology CLE. Attorney Brown is scheduled to deliver the CLE at the Lancaster Bar Association on September 9, 2011. The CLE will address (as time permits) emerging issues for lawyers related to technology
A Snapshot of Social Media Cases in Pennsylvania—Summer 2011
An Overview of the State of Social Media Evidence in Pennsylvania—Summer 2011
Pennsylvania lawyers face obstacles when grappling with social media. While social media, outside the legal field, spread like wildfire, the legal community must address social media within the context of a heavily precedential system—a system that does not necessarily handle the “new” well. Social media in a legal context triggers formidable ethical issues, moral issues, and fairness issues. Nevertheless, social media will remain a potent facet of life for the foreseeable future.
Cloud Computing Article Published in At Issue
At Issue published my article entitled Cloud Computing 101 for Lawyers. The article discusses the basics of cloud computing for lawyers. The topics include defining cloud computing, explaining the common Software-as-a-Service (SaaS) and Storage-as-a-Service (STaaS) options, and identifying cloud computing issues specific to lawyers.
Cloud Computing: Who Holds the Encryption Keys? [And Why It May Matter to Lawyers]
General cloud-provider statements simply indicating that the cloud-based data is encrypted might not be adequate protection for a lawyer’s data. The lawyer should also know 1) when the data is encrypted and 2) who holds the encryption key(s). (See my prior article entitled Storing Files in the Cloud: Storage-as-a-Service for Lawyers—Encryption.)