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Legal Ethics & the Risk of Mishandling Electronic Evidence

(4796 Ratings)

Produced on: August 18, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

Whether it’s computer drives produced by an adversary or third party or critical investigative material found on your own company or firm network, almost all of the information underlying today’s commercial and legal marketplace is electronic and mishandling it can lead to a number of problems. Improperly accessing data either from an opponent’s digital media received during an ongoing litigation or internally as part of a company investigation can alter the evidence, potentially rendering it inadmissible. Ultimately, attorneys can be held responsible when this information is mishandled. 

In 2012 the American Bar Association amended a number of the Model Rules of Professional Conduct to address the increasing use of technology in legal practice and the ongoing need to safeguard client and firm data. Attorney and information security consultant Scott Aurnou discusses the amended Rules and the basic steps needed to comply with them, including measures to secure confidential client and e-discovery information. He will provide a background of how electronic data is stored, outline the forensic investigative process and highlight steps needed to mitigate computer forensic errors. 


Learning Objectives:

  1. Recognize ethical obligations under the ABA Model Rules related to technology and attorney competence, data confidentiality and the use of outside services
  2. Comprehend the relevant basics regarding data storage
  3. Learn fundamental steps needed to avoid mishandling electronic evidence
  4. Gain a general understanding of the computer forensic process

Faculty

Scott Aurnou

The Security Advocate

Scott Aurnou, Esq., CISSP is an attorney and founder of The Security Advocate, which helps organizations with information security and data privacy issues. This includes privacy and security awareness training, security consulting, compliance with cyber security and privacy laws and related legal concerns.

Scott spent over a decade as a litigation attorney in the NYC area, and served as lead counsel for a private client services group at Smith Barney. He uses his legal, security, and business background to make complex information security concepts easy to understand (and even entertaining on occasion) for non-technical audiences. He has published security related articles in national publications ranging from the New York Law Journal to SC Magazine. In addition, he has created and delivered numerous presentations on information security and data privacy issues for executives, managers, and professionals.

Scott is a Certified Information Systems Security Professional (CISSP), Certified Information Privacy Technologist (CIPT), Certified Information Privacy Professional (CIPP/US) and a Fellow of Information Privacy (FIP). He is admitted to practice law in New York, Colorado, the U.S. District Courts for the Eastern and Southern Districts of New York; as well as the U.S. Court of Appeals for the Second Circuit. He is also the author of the Introduction to Information Security LiveLessons video training series for Pearson Publishing. 

Reviews

LV
Laura V.

Wow - a comprehensive and detailed course - will watch his other CLE courses!

FG
Fabian G.

Very informative, thank you for posting this.

JB
John B.

Well done.

ER
Erick R.

Liked the extra tech insights without getting too far into it that non-tech people could get lost. Thanks!

DS
Deborah S.

Excellent speaker very informative and relevant.

CA
Coby A.

Very informative.

JW
James W.

Very timely subject

IL
IGNACIO L.

A very useful introduction to an area which requires new knowledge which falls far outside traditional law school education.

JA
James A.

helpful to know what to watch our for

PW
Peter W.

One of your better basic courses

BM
brian m.

good

JF
Jimmie F.

Great! Fantastic!

PC
Pauletta C.

This course was one of the best I have attended. The presenter was extremely knowledgeable, engaging, and upbeat. It made both watching and learning so much easier.

WL
William L.

Thanks again, Scott

NO
Neil O.

Excellent.

GL
Guy L.

Interesting, very informative, and presented in an easy and understandable way. No jargon and all terms of art were explained and discussed. Excellent course.

TR
Tracy R.

Great speaker.

SD
Susan D.

Another excellent program full of information that is interesting and understandable despite the technological detail.

MB
Michael B.

great program

RB
Richard B.

Instructor was excellent! DB

MK
Marc K.

very dynamic speaker

RL
Richard L.

great couese

DO
Daniel O.

Great course, important subject.

CC
Cindy C.

excellent program content and instruction. i am a Review of Digital Discovery. I will take additional courses from Scott

MJ
Mary Elizabeth J.

This was a great introductory course on an increasingly important subject. I'll look for others with this instructor/on these topics at this site.

AS
Antonia S.

Great course!

JP
James P.

Extremely useful info very well explained.

AS
Assly S.

For a tech troglodite, this is a great intro program to the ethical pitfalls that gives you great resources and pointers of what to do and more importantly what NOT to do to prevent malpractice and prevent harm to your client's case.

RB
Robin B.

Great speaker. He takes a very complicated issue and makes it somewhat easy to understand.

JM
Joseph M.

Extremely well done CLE in a very important area!!

JH
Joseph H.

Excellent speaker

AB
Andrew B.

This is a very thorough introduction on the topic, well worth a listen

RK
Rachel K.

Informative

KD
Katherine D.

Very interesting!

AK
Alex K.

Interesting material.

KG
Kevin G.

Excellent.

EB
Eric B.

Good presentation. Material was very useful and practical.

SE
Susan E.

Very informative session.

TG
Thom G.

I enjoyed the course

SS
Steve S.

Perfect timing I am involved in a martter like this now.

FR
Frank R.

Nice

RA
Ray A.

Great

DG
Dennis G.

I thought the presenter did an outstanding job with a very complex topic. Very satisfied.

NC
Nanette C.

Fascinating, vivid and clear (and timely!!_

JN
John N.

Must see. Great course. Understandable explanation for those with no (extensive) background in the area.

AP
Ann P.

Great presentation!

MB
Merry B.

Great information!

JM
John A. M.

Outstanding presentation by an expert in this complex area of discovery.

JL
Jonathan L.

I really liked the presenter.

JH
joseph h.

VERY CLEAR, VERY KNOWLEDGEABLE, VERY INTERESTING

GH
george h.

In my opinion this was an excellent presentation. Thank you.

AL
Ashley L.

I found this very interesting and understandable, especially since I am not a tech expert.

SV
Suzanne V.

Very interesting subject matter. I plan to seek out more courses by the presenter, Scott Aurnou.

KC
Kristine C.

Excellent

JB
James B.

Speaker made a difficult issue understandable.

BS
Bryan S.

Great

JB
Jeffrey B.

Good

GZ
Gang Z.

Scott is the go-to-guy if you run into electronic evidence problems next time in real practice.

DD
Darlene D.

This course should be mandatory for all practitioners.

JR
john a redmon r.

good program

DJ
Douglas J.

Good program.

JE
Jenny E.

very interesting subject matter

JS
Johnny S.

Great Course

LM
Louis M.

Informative

SG
Steven G.

Interesting technology about which I would not have known

RK
Reva K.

Very informative

EL
Eric L.

The course was well presented by an engagng instructor.

KL
Kirk L.

Understandable explanation of the software issues for the non-computer person—like me.

JT
Jaime Alejandro T.

Excellent webinar with so much information and technical aspects to be looked at. Thank you!

PF
Patrick F.

one of your best. will look for follow-up course he mentioned

MS
Michael S.

very good

RM
Roya M.

Very informative and well presented. A bit too fast in pace for me but brought me up to date. Thanks Scott.

MW
Merrick W.

Excellent overview of a complicated subject.

LG
Lauren G.

Very helpful

CW
Cynthia W.

He is always informative and excellent at conveying technical information.

DS
Dana S.

Very good, I would watch another course. Thank you.

OM
Otto M.

Excellent presentation, very knowledgeable.

MB
Maria B.

Outstanding presentation.

KN
Kevin N.

Excellent and informative course.

MP
Marc P.

Nice piece. Learned more about hard drives.

CM
Cynthia Coulter M.

This was a very useful discussion not only of legal ethics and digital evidence, but also of the mechanics (sometimes literally, since the presenter talked about physical hard drives) of storing and retrieving data.

JC
Jean-Paul C.

Very thorough and knowledgeable. This would also be useful for law firm IT folks.

HS
Howard S.

Very good lecturer.

HS
HYUNJI S.

The course content was well organized.

RB
Richard B.

Incredibly knowledgeable presenter.

AM
Agnes M.

Mr. Aurnou was an excellent presenter and the subject matter fascinating!

MM
Mary M.

Excellent presenter, extremely knowledgeable.

VP
Veronica P.

This was an exceptionally good lecturer. I will look forward to any other courses he offers

RB
Robyn B.

Great course

DK
Despina K.

Fantastic speaker!

RR
Richard R.

Great course to both distinguish and blend the realms of tech and law. Great lecturer.

TO
Troy O.

He did a good job

BH
Bethanne H.

Very thorough!

JV
Joseph V.

Very good and informative

RR
Ron R.

Very informative. I'll look for more from this speaker.

CW
Casandra B. W.

Very good instructor

PB
Peter B.

very good presenter, congrats man.

CJ
Cynthia J.

Can't wait to see his next presentation

JS
Joshua S.

well done

BF
Barbara F.

Difficult subject! Excellent presenter.

DC
Daniel C.

Good course!

AM
a m.

Terrific, informative program.

SW
Steve W.

Good refresher on RPC as it pertains to tech issues and good practical advice on managing tech issues in practice.

TE
Tomas E.

Very interesting topic. Well presented

SG
Saul G.

Great course, one of the best I have seen online.

AW
Andrea W.

Even though it was technologically advanced for me, it gave me useful information I will research further.

EK
Elizabeth K.

excellent although terrifying presentation.

SP
Scott P.

Presenter was highly knowledgeable.

DS
Dennis S.

Terrific presenter.

NM
Neil M.

Useful presentation and content.

JF
June B. F.

excellent

RW
Richard W.

Interesting and informative

MS
Moshe S.

Defined all terms in "plain English". Appreciated.

SC
Silvia C.

Interesting

JS
Jonathan S.

Very informative seminar.

TL
Trisha L.

He was engaging. Good speaker. You should use him again

GM
Gil M.

Cutting edge stuff

SP
Scott P.

Unusually clear presentation of complex material.

RS
Robert S.

Very interesting overview - the written materials are definitely worth keeping.

CM
CATHERINE M.

Super and brilliant tech presenter

AP
Andrew P.

Very helpful I look forward to the other related courses

RM
Robert M.

Great course. Great presenter.

GK
Geoffrey K.

Great program. Mr. Aurnou is a very knowledgeable and engaging speaker.

TC
Thomas C.

Well done!

PO
Patrick O.

Excellent coverage I know little of. What an impressive lawyer and speaker.

TK
Thomas K.

thank you

PM
Perry M.

all good

CA
Carlos A.

Excellent course. Great presenter.

PG
Philip G.

excellent course!

JT
Jeffrey T.

Very knowledgeable presenter and well-done course.

TR
Timothy R.

This is good

RL
Rosa L.

The seminar was very comprehensive and practical.

MF
Mary Ellen f.

a wealth of information in 1 hour.

CM
connie m.

Presenter combined legal with technical in a way that works for both lawyers and technicians. Excellent presentation.

RB
Randal B.

Very good presentation - held my interest!

KN
Ken N.

Very informative, thank you!

CH
Craig H.

He was really good...

BM
Baldwin M.

Good course.

MD
Matthew D.

very good

DB
DAVID B.

Excellent and informative.

RH
Richard H.

One of the best at the basic level

GS
George S.

Topics regarding experts of value in my practice.

JP
John P.

Great job.

MV
Mary V.

Very good course. Will be watching more programs from Mr. Aurnou.

LC
Lawrence C.

Wonderful, thorough & informative!

JZ
James Z.

The information was very technical--above the level of the average practicing attorney.

PS
Paul S.

Great program. excellent presenter.

VC
Veronica C.

informative slides. Thank you

TL
Theodore L.

Excellent unpacking of computer concept and governing law.

LS
Leslie S.

Very thorough presentation and good accompanying materials.

KP
Kenneth W. P.

He was obviously passionate on the topic. That is what keeps viewers interested.

JM
JC M.

Excellent!

JK
Jennifer K.

Thanks so much for this!

WW
William W.

best one of the whole bunch!

AT
Alan T.

Very good presentation.

CK
CAROL K.

i'll connect with scott on linkedin

JO
James O.

Great. (And scary).

RW
Russell W.

Very Timely and Helpful

PR
patrick r.

knowledgeable and personable speaker

LC
Lourdes C.

Very informative despite being just an overview. Both ethics courses I've viewed today were excellent

RR
russell R.

Best course so far. Impressive guy.

AR
Alicia R.

Good lecture

WM
Whitney M.

I appreciated the technological explanations as part of the explanation of our obligations.

GJ
Gregory J.

He was excellent. Very detailed and informative.

JW
John W.

Surprised at how much has changed since the last time I took a course on this topic.

EV
Elisa V.

This instructor is excellent, knowledgable and breaks down complex tech ideas and makes them tangible.

EL
Erik L.

Scott is engaging and informative. An interesting and worthwhile course.

CA
Carlos A.

Excellent well illustrated course.

CA
carol ann a.

Btavo! I began using IT before it was called IT. I am a pioneer in telecommunications (began with blind mainframe systems and punch cards; we were thrilled if a 300 bps modem worked back then). I received my law degree years later. I am shocked at the naivete and ignorance of my colleagues and - sadly - the courts with regard to electronic evidence. This was a wonderful, thorough explanation, which could be understood by those without training. Again, congratulations on an intelligent, competent, necessary presentation.

QB
Quietta B.

Thanks!

CT
Cynthia J. T.

Looking forward to more from this presenter

PI
Pat I.

Wow. Just wow. Definitely watching his next one.

SW
Spencer W.

Excellent program.

AP
ANDREW P.

I would love to get more courses focused on security and data breaches.

BS
Brian S.

Ecellent. Very good speaker.

MJ
Michael J.

Excellent presentation.

LC
Lydia C.

good course

TH
Thomas H.

Very useful

SO
Shawn O.

He did a great job.

ES
Ed S.

highly recommended

SC
Stephen C.

Good speaker.

AP
Amy P.

terrific

WD
William D.

Very technical topic, but the presenter was able to hold my interest.

EA
Eva A.

Excellent

SG
Scott G.

Thanks

JK
Jamilee K.

This is a hard issue for me to grasp for some reason. I think the faculty did a good job explaining the issues.

LB
Larry B.

Very complicated but informative

DW
Dorrie W.

I learned so much about respecting digital evidence! Thanks!

SK
Stephen K.

excellent program and presentation

AW
ALAN W.

good

GA
Gurudev A.

Excellent presentation on a very important topic that is poorly understood if at all by most litigators including myself. Highly recommend this course and the presenter and will be looking for other presentations by him.

AM
Adam M.

Excellent course. Looking forward to the follow up

CM
Cullen M.

Current and relevant information clearly presented.

PC
Peter C.

very interesting course good presentation

JB
Julie A. B.

This talented attorney and information security specialist possesses the uncanny ability to describe in lay terms what might seem indescribable in the areas of technology and computer forensics. Aurnou skillfully pulls back the layers to reveal how electronic data is stored and artfully sketches the forensic investigative process. Importantly, he relates the steps needed to mitigate computer forensic errors in today’s commercial and legal marketplace. Key delivery of mistakes and pitfalls to avoid. If Aurnou was a book, he would be a New York Times bestseller!

PD
Peter D.

Scott is a fantastic presenter!

SB
Steven B.

Superb presentation.

MH
Mary H.

Helpful information - especially related to email and servers.

PS
Paul S.

Scott's an expert and it shows in his presentation!

KU
Kristina U.

Another excellent presentation!

LC
Larry Wayne C.

Great speaker! Great material

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