February 18, 2014

Computer Security Expert Witness On "The Internet Of Things"

In The Internet of Things, for Better or Worse, computer security expert witness Steve Burgess writes on networked devices. Burgess Forensics has offered computer forensic and electronic discovery as well as expert witness testimony since 1985.

“The Internet of Things.” Sounds like a carnival ride or a zombie movie doesn’t it? But it’s not that and it’s not a new idea. Bill Joy of Sun Microsystems was talking about networked home appliances & devices at the turn of the last millennium when he announced the advent of Jini, Sun’s java-based network architecture for connecting said appliances. The Internet of Things is nearly the same concept – networked devices, with the added feature of being accessible from the Internet.

What kinds of devices make up the Internet of Things (“IoT”)? Anything Internet-connected, which can currently include everything from computer to coffeemaker, from range to refrigerator, from baby monitor to burglar alarm, from car to crockpot. And because they’re Internet-connected some people are afraid that these devices may be subject to malware that will cause them to become zombies.

And indeed, unauthorized use of internet-connected devices has already begun. Around the end of 2013, about 100,000 such devices were used to send about 750,000 spam messages. Seven messages per device is not much, but it is indicative of a real problem. And the low number per device may have been by design, so as to avoid detection. What to do?

It’s bad enough to have to go set your clocks after a power outage or when daylight savings time rolls around. But who has the time or the inclination to install antivirus software on their toaster and a dozen other household machines? How would you even do it? One solution would to require such wireless devices to check in with your home computer on a regular basis, whereupon updates to the appliances’ security could be automatically downloaded. Much like Microsoft Windows Update, it could be automatically installed whenever new malware is detected, and we know that nothing ever goes wrong with Windows Update.

Yes, there are likely to be some unforeseen events. Most will be along the lines of the room getting too warm or the coffee too cool. We may hear of events like a hacker unlocking all the doors remotely and walking in at his leisure. We may see sites full of kiddie scripts allowing teen geeks to turn on your bathtub to overflowing as a prank.
It might be time to hire a Roomba trainer, or hope our little toaster is brave enough to come to the rescue.

Connected appliance vendors will have to harden and update security. There will be messy errors along the way. Devices may still get used to send spam, and certain applications, like alerts to take your meds & the aforementioned door locks will need extra security measures. Amongst the enhanced convenience of automated shopping lists, your car making an appointment with your mechanic, there will be some mishaps that are likely to be mostly sound and fury with little actual damage. Your fridge does not hold your business records or your life history (although it may know when you are bingeing on Ben & Jerry’s). That data will still lie in your computer or your smart phone, devices which are well-ensconced in their ongoing battles against malware. And the big targets for stealing credit info will still be businesses and stores like, well, Target.

Yet, individuals do get targeted by stalkers. On-board data storage capacity in home appliances may be minimal, but still may get stuffed by those attempting to hide – or illicitly share – information. While common IoT capabilities may be relatively minimal, logs of times and dates of access and file markers will become important in forensic examinations. Who will the testifying experts be for such connected devices?

By and large, the techniques and skills needed won’t vary dramatically from the skills currently possessed and being used by computer and network forensics experts today. In-home router logging will be a richer source of evidence, and IP addresses galore will be stored both by the appliances, and the routers and computers though which they are connected to the world. It is likely that forensic software and hardware vendors will design IoT-specific tools for civil and law enforcement forensic specialists alike.

And while I’ve made light of many of these potential device errors and misuse, it is certain that vendors will need to come up to speed quickly on making such machines secure, or lose market share which will prod them into action much more than gentle ribbing by articles such as this. New FTC rules will surely come to pass that may put some bite on manufacturers that do not security-harden IoT appliances.

The Internet of Things is already in our cars, in our hands, and increasingly, in our homes. In a very few years it will be a market worth trillions of dollars. The spoils will go to vendors who make networked Things that are and remain simple but safe, and opaque to those who do not belong.

Read more: Steven G. Burgess.

February 7, 2014

ABA TechShow 2014 March 27-29

The ABA TECHSHOW 2014 will be held at the Hilton Chicago with conference dates March 27-29 and expo dates March 27-28. ABA Techshow contacts may be found here. From http://www.techshow.com/conference/, here are tips on attending.

Planning for ABA TECHSHOW

Once you’ve registered, spend some time looking over the Conference Schedule – our dynamic list of educational tracks, sessions, and speakers. The ABA TECHSHOW Board has organized the schedule into multiple tracks, or general topic areas. There are also vendor tracks, meet-the-author opportunities, lunch ‘n learn sessions, and the ABA TECHSHOW 2014 Keynote Speaker, Rick Klau!

Within each educational track, you’ll find multiple sessions. Read the descriptions carefully, and make a plan of how you’re going to spend your time:

Join the ABA Law Practice Division (LP) to get a great discount on your ABA TECHSHOW registration. ABA members join for only $50/year, which is well worth the discount you receive on registration!
Download the ABA TECHSHOW Conference App. The Conference App is your portal to ABA TECHSHOW and will help you plan your time wisely.
Book a room at the Hilton Chicago by Monday, March 11, 2014. The Hilton Chicago has hosted every U.S. President since Eisenhower. Be sure to ask for the special ABA TECHSHOW rate.
Bring your business cards! You’ll want to hand them out not only to the new friends you’ll be meeting, but to the speakers and vendors you’d like to follow-up with.
Sign up for a Taste of ABA TECHSHOW dinner. These dutch-treat dinners are hosted by a Faculty or Board member at a fabulous local Chicago restaurant. Sign up early!
Check the weather forecast and pack accordingly. Dress comfortably, and professionally. Bring comfortable, sensible shoes, as well as a business casual attire for evening receptions and events.
Read the ABA TECHSHOW blog. The Board and Faculty put together blog posts to help you stay up to date on new developments, events, and can’t-miss sessions.

Incentive: 70% of Large Firm Lawyers Don’t Know If Their Firm Has Been Breached

"Fully 70% of large firm respondents reported that they didn’t know if their firm had experienced a security breach,” according to the 2013 survey, entitled “Security Snapshots: Threats and Opportunities” conducted by the ABA’s Legal Technology Resource Center. Of course, the fact that they don’t know does not indicate a breach (easy to overlook that point).

According to the survey, 15 percent of survey respondents had experienced a security breach, and respondents of mid-size firms (10-99 attorneys) were most likely to know about the breach. That makes sense because mid-size firms are more attuned to anything major happening that might affect the firm.

January 30, 2014

California Continuing Legal Education Deadline

The deadline for California Attorneys in Compliance Group 3 to complete their Minimum Continuing Legal Education (MCLE) credits for the current compliance period is January 31, 2014. Compliance Group 3 includes all licensed California attorneys whose names end with letters N through Z. Those attorneys have until February 3 to report their completion of these MCLE activities to the State Bar of California. California attorneys are required to report their MCLE compliance to the Bar via their "My State Bar" profile.

Minimum Continuing Legal Education (MCLE) refers to the approved continuing legal education required, by statute, of California attorneys. California Attorneys are required to complete a total of 25 hours of approved credit every three years.

California Attorneys can earn up to 12.5 of their required hours via self-study activities. All of these self-study activities can be earned online. Internet For Lawyers has updated all of its online California self-study MCLE exercises for the current reporting period.

Internet For Lawyers offers online California MCLE exercises that satisfy the:

Legal Ethics MCLE requirement
Elimination of Bias MCLE requirement
Substance Abuse MCLE requirement
General MCLE Requirement

The company's online California MCLE activities are priced as low as $15.00 when purchased in bundles.


California attorneys are divided into three compliance groups based on their last names. Compliance periods and reporting dates for the three groups are staggered so that each group reports compliance in a different year. Compliance periods for all California Attorney Compliance Groups are 36 months (three years) in length. Reporting deadlines for each compliance group are listed here.

To ensure that lawyers receive quality legal education, the State Bar approves MCLE providers and education activities. Internet For Lawyers is a California State Bar approved MCLE Provider.

August 20, 2013

How to Cross Examine An Expert Witness Webinar

Together with The National Law Journal, Kobre & Kim LLP’s Center for Trial Advocacy will hold their third annual event on September 10, 2013, in Chicago, Illinois. The event entitled Cross Examination of an Expert Witness will feature nationally recognized trial attorneys Dan Webb of Winston & Strawn and Kobre & Kim LLP’s Matthew Menchel.

Tuesday, September 10, 2013
6:30pm – 7:30pm CDT: Live Seminar/Webinar
7:30pm – 8:30pm CDT: Live Seminar Cocktail Reception

Complimentary CLE will be offered for NY on the live date of the program. Credit has been requested for IL and FL. CLE credit for other jurisdictions available upon request. A participant must individually view a program on its broadcast date to receive credit.

More info: http://www.virtual-strategy.com

May 14, 2013

Medical Malpractice Expert Witnesses

Medical malpractice expert witnesses may consult on issues involving medical negligence, healthcare providers malpractice, and medical malpractice litigation. In the news, Dr. Kermit Gosnell has been found guilty on three counts of first-degree murder. The Philadelphia abortion provider who is not a board-certified obstetrician or gynecologist, was found guilty of 21 counts of abortion of the unborn.

May 13, 2013

Patent Protection Expert Witnesses & Monsanto Supreme Court Win

Patent protection expert witnesses may consult on assignees,
patent infringement, inventions patents, and related matters. In Bowman v. Monsanto, the US Supreme Court ruled today that Indiana farmer Vernon Hugh Bowman violated Monsanto's patent on a genetically modified soybean. Bowman reused Monsanto's Roundup Ready soybeans seeds without paying the company.

Slip opinion found here


April 10, 2013

White Collar Crime Expert Witnesses & KPMG Investigation

White collar crime expert witnesses may give opinions regarding business crimes, insider trading, and fraud. Reuters reports that KPMG has resigned as auditor of Herbalife Ltd. and Skechers USA Inc. with an FBI insider trading investigation underway. Los Angeles KPMG senior partner Scott London admitted to the leaks and has left the firm.

April 7, 2013

Oil & Gas Expert Witnesses

Oil and gas expert witnesses may provide reports and opine regarding pipelines, pipeline ruptures, oil and gas pumps, and more. In the news, Exxon Mobil will pay for the cleanup near Little Rock, Arkansas after a pipeline burst last week resulting in 22 homes being evacuated. The federal Pipeline and Hazardous Materials Safety Administration will examine the site before operations may resume on the pipeline carrying crude oil from Patoka, IL, to Nederland, TX. The pipeline was built between 1947 and 1948. Arkansas AG Dustin McDaniel is investigating having the Pegasus pipeline moved outside the area that drains into a drinking water source.

See ABC video: http://abcnews.go.com/US/exxon-mobil-pay-arkansas-oil-spill/story?id=18873237#.UWB2F8VXqVo

April 6, 2013

Criminal Law Expert Witnesses

Criminal law experts may consult on criminal law procedure, the criminal justice process, and grand juries, as well as related issues. PRWeb reports that American University Professor Jon Gould has completed a three year empirical study on predicting wrongful convictions. Dr. Gould is Director of the Washington Institute for Public and International Affairs Research as well as Principal Investigator, Preventing Wrongful Convictions Project Affiliate Professor, Washington College of Law. The study identifies ten factors in wrong convictions.

Read more: http://www.prweb.com/releases/2013/3/prweb10513834.htm.

April 5, 2013

Cameron International Released From Deepwater Horizon Trial

U.S. District Judge Carl Barbier released Cameron International Corporation as a defendant in the first phase of the trial to identify responsibility in the 2010 Deepwater Horizon disaster. Cameron produced the blowout preventer used on the Deepwater Horizon oil rig and Judge Barbier found no negligence on their part. Cameron is a global provider of pressure control, processing, flow control and compression systems for the oil and gas industries.

Remaining defendants in the case include British Petroleum PLC, rig owner Transocean Ltd., and cement contractor Halliburton.

Read more: http://news.yahoo.com/

April 3, 2013

Legal Fees Expert Witness On Reasonable Attorney Fees

In W.D. Penn. Court reduces “Petition for Reasonable Attorneys Fees,” legal fees expert witness James King writes:

W.D. Penn. Court reduces “Petition for Reasonable Attorneys Fees” to make requested hourly rates consistent with prevailing market rates for routine discovery disputes, rather than “overall trial victories.”

In Sandvik Intellectual Prop. AB v. Kennametal Inc., 02:10-CV-000654, 2013 WL 141193 (W.D. Pa. Jan. 11, 2013), the prevailing party in a discovery suit sought reimbursement for 264.20 hours which resulted in counsel fees of $98,384.01 for time expended by its attorneys as a direct result of Sandvik's lengthy pattern of discovery delay, obfuscation, and misconduct. The District Court granted the petition for fees, but reduced it by 20% on the basis that the fee request cited prevailing market rates for attorneys performing “trial” litigation work as opposed to “discovery” litigation work. In support of its fee request, the Pittsburgh law firm Kilpatrick Townsend submitted to the court the published rates of Pittsburgh firms Reed Smith and K & L Gates. The Court reached its result as follows:

While the Court is fully cognizant of the vast experience and expertise of the Kilpatrick Townsend firm in the area of intellectual property, the Court cannot justify the rates advanced by Kilpatrick Townsend for this discovery dispute irrespective of its comparison to the published rates of Reed Smith and K & L Gates. Therefore, the Court will reduce the hourly rates sought by Kennametal across the board by twenty percent (20%), which the Court finds to be reasonable and fair and much more in line within the general billing rates of the Pittsburgh legal community for a discovery dispute.

Sandvik Intellectual Prop. AB v. Kennametal Inc., supra, at *6.


Read more: http://www.kinglawfirmcorporation.com/blog/

March 18, 2013

License Agreement Expert Witnesses

License agreement expert witnesses may consult on patent infringement, patentability requirements, license agreement terms and associated matters. Michelle L. Briggs and Charles Krukiel discuss technology license agreements including license grants, license term, and rights to improvements in an article for the Association of Corporate Counsel. They caution that every technology license agreement is unique. "There is really no such thing as a 'standard' clause."

Read more: http://www.lexology.com/library/.

February 26, 2013

Power Your Practice with Free & Low Cost Research

Internet For Lawyers is presenting Investigative Internet Research for the Legal Professional at the Real Estate Institute on Tuesday Apr 2, 2013, UBS Tower, One North Wacker Drive, Chicago, IL. Learn how to:

Power Your Practice with Free & Low Cost Research
(Fastcase and Google Scholar) & Google "Cloud" Apps for Business
More info: http://www.netforlawyers.com/page/live-mcle

Since 1999, Internet For Lawyers has provided law firms, corporations, and local and state Bar Associations around the country with professional and entertaining turn-key CLE programs. The company focuses on delivering information about free investigative and background research resources available on the Internet.

February 1, 2013

Legal Fees Expert Witness On Contingent Fee Award

In Amendment to contingency fee contract expanding scope of work and scope of compensation held enforceable, legal fees expert witness James King writes:

In Rowe v. Law Offices of Ben C. Brodhead, PC., 735 S.E.2d 39 (Ga. Ct. App. 2012), a Georgia state appellate court upheld a jury verdict awarding a law firm $160,000 pursuant to an amendment to its contingent fee contract with its client. The amendment expanded its work to additional matters beyond that originally contemplated by the parties.

January 27, 2013

Legal Fees Expert Witness On "Petition For Reasonable Attorneys Fees"

In W.D. Penn. Court reduces “Petition for Reasonable Attorneys Fees” to make requested hourly rates consistent with prevailing market rates for routine discovery disputes, rather than “overall trial victories.”, legal fees expert witness James King writes:

In Sandvik Intellectual Prop. AB v. Kennametal Inc., 02:10-CV-000654, 2013 WL 141193 (W.D. Pa. Jan. 11, 2013), the prevailing party in a discovery suit sought reimbursement for 264.20 hours which resulted in counsel fees of $98,384.01 for time expended by its attorneys as a direct result of Sandvik's lengthy pattern of discovery delay, obfuscation, and misconduct. The District Court granted the petition for fees, but reduced it by 20% on the basis that the fee request cited prevailing market rates for attorneys performing “trial” litigation work as opposed to “discovery” litigation work. In support of its fee request, the Pittsburgh law firm Kilpatrick Townsend submitted to the court the published rates of Pittsburgh firms Reed Smith and K & L Gates. The Court reached its result as follows:

While the Court is fully cognizant of the vast experience and expertise of the Kilpatrick Townsend firm in the area of intellectual property, the Court cannot justify the rates advanced by Kilpatrick Townsend for this discovery dispute irrespective of its comparison to the published rates of Reed Smith and K & L Gates. Therefore, the Court will reduce the hourly rates sought by Kennametal across the board by twenty percent (20%), which the Court finds to be reasonable and fair and much more in line within the general billing rates of the Pittsburgh legal community for a discovery dispute.
Sandvik Intellectual Prop. AB v. Kennametal Inc., supra, at *6.

January 16, 2013

Pesticide Pollution Expert Witnesses & School Grounds

Pesticide pollution expert witnesses may write reports and testify regarding pesticide contamination, pesticide products, and pesticide regulations. In December, the public health and environmental non-profit, Toxics Action Center, released a report surveying pesticide use on public school grounds across the state of Maine. The report, “A Call for Safer School Grounds: A Survey of Pesticide Use on K-12 Public School Grounds in Maine,” is based on a survey of 209 Maine public schools and shows that 51% of schools surveyed spray pesticides, many of which have been linked to human health impacts, including kidney disease and links to non-Hodgkin’s Lymphoma. The report finds that the state’s Integrated Pest Management Policy (IPM) is inadequate in regulating pesticide application and informing the public on pesticide practices.

January 14, 2013

Aviation Expert Witnesses & Boeing 787 Review

Aviation expert witnesses may write reports and opine on aerospace engineering, aircraft design, and aircraft operations. After electrical problems on the Boeing 787, the FAA press release of 1/11/13 states:

In light of a series of recent events, the FAA will conduct a comprehensive review of the Boeing 787 critical systems, including the design, manufacture and assembly. The purpose of the review is to validate the work conducted during the certification process and further ensure that the aircraft meets the FAA’s high level of safety....

A team of FAA and Boeing engineers and inspectors will conduct this joint review, with an emphasis on the aircraft’s electrical power and distribution system. The review will also examine how the electrical and mechanical systems interact with each other.

November 9, 2012

Patent Expert On Reform Bill

In Patent expert decodes U.S. reform bill, Reuters interviewed patent expert John Mancini, co-leader of the intellectual property practice at law firm Mayer Brown.

Read the article: http://www.reuters.com/article.

November 5, 2012

Liability Insurance Expert Witnesses

Liability insurance experts may consult on issues involving general liability insurance, umbrella policies, bodily injury coverage, and more. The property-casualty insurance trade organization, The American Insurance Association, urged safety and preparedness ahead of hurricane Sandy which included:

• Make an inventory list of your home’s contents. It is best to photograph or videotape your items.

• Examine your roof carefully, looking for worn, curled or missing shingles. If you cannot inspect your roof easily, look for moisture or surface discoloration in your attic.

• Remove dead or dying trees and shrubs; trim tree branches so they do not extend over the roof or chimney.

Read more: http://www.aiadc.org/

November 3, 2012

Construction Defect Litigation/Forensic Investigation Webinar

The Paralegal Knowledge Institute is presenting Introduction To Construction Defect Litigation/Forensic Investigation on December 5th and 12th.

Construction defect litigation is rapidly growing. This two session online, interactive course takes you through the complex and often confusing pre-trial construction defect dispute - from researching plans, maps and permits through inspections, experts and testing.

Learn new skills or take a refresher course. Taught by an expert with years of experience who knows and understands the realistic nuances of a paper intensive, detail oriented, niche arena.

More info: http://www.paralegalknowledge.com/