WHAT’S NEW AT BIT-X-BIT

Even before COVID-19 forced most of the business world into remote work settings, organizations facing litigation or other legal demands had a growing need to defensibly and efficiently collect electronically stored information located across diverse geographic locations.  With an increasingly remote work force, the ability to forensically collect data from mobile devices, personal computers or online/cloud storage accounts can be expected to rise.

Partnering with a service provider who has methods in place to maintain the integrity of the data will help avoid charges of spoliation and will ensure that such data can be authenticated, if needed, in ongoing legal proceedings.  Brett Creasy, bit-x-bit’s President and Director of Digital Forensics, and John Unice, the firm’s General Counsel and Executive V.P., discuss the in’s and out’s of remote data collection in the August 28, 2020, issue of the Allegheny County Bar Association’s Lawyers Journal.  Feel free to take a moment to read their thoughts and reach out to us with any questions.

On March 3, 2020, the Pennsylvania Bar Institute is hosting a panel discussion, eDiscovery Update 2020, on key e-discovery developments during the past year. The session, scheduled from 9:00-12:15 at PBI’s Professional Development Conference Center (Heinz 57 Center 339 6th Avenue), will cover ethical issues arising out of the use/admissibility of electronic evidence, a case law update, current developments in e-discovery, and the admissibility of electronic documents. Speakers include: David Ries and Courtney Murphy (Clark Hill), David Cohen (Reed Smith) and John Unice (bit-x-bit).

On February 24^th, Joe Decker will be a guest lecturer at Professor Steve Baicker-McKee’s civil procedure class at Duquesne University School of Law. His topics will include the importance of electronically stored information, advanced analytics, and the discovery rules and processes that apply.

February 3-6, 2020.  Legalweek is an annual, weeklong conference in New York that attracts over 9,000 attorneys, judges, and legal professionals. Legalweek has an excellent reputation for its quality speakers, networking potential, and learning opportunities.  This year's Legalweek keynote speakers are former Deputy Attorney General Rod Rosenstein and emerging technology expert Bettina Warburg, Co-Founder and Managing Partner of Warburg Serres Investments and Animal Ventures. Abbye is most looking forward to talks on e-discovery analytics and meeting with bit-x-bit partners OpenText and Oasis to discuss the future of e-discovery.  Hope to see you there!

The Cybersecurity and Data Privacy Committee of the PBA posted an article co-authored by bit-x-bit’s Joseph Decker, General Counsel, and Brett Creasy, President and Director of Digital Forensics.  The article, “An Approach to Discharging the Duty of ‘Reasonable Care’ in Data Breach Matters,” offers practical guidance for companies wading through a sea of security standards, such as the NIST standards, and suggests a set of authoritative, effective and readily adoptable measures in order to protect from data breaches and to demonstrate reasonable care in protecting data.  The mission of the PBA Cybersecurity and Data Privacy Committee is to analyze cybersecurity issues, educate members about legal, regulatory and industry standards that preserve the confidentiality of protected information, and advocate for best practices to prevent, detect, and mitigate data breaches.

View the full text of the article here: http://cyber.pabar.org/index.php/2020/01/21/an-approach-to-discharging-the-duty-of-reasonable-care-in-data-breach-matters/

To learn more about the PBA Cybersecurity and Data Privacy Committee, visit http://www.pabar.org/site/For-Lawyers/Committees-Commissions/Cybersecurity-and-Data-Privacy

Tomorrow, December 5, 2019, the Friends of E-Discovery meeting will be held at noon in the third floor Jury Assembly Room of the Federal Courthouse.  The topic for this meeting will be “Notes from the 2019 Georgetown Advanced E-Discovery Institute.”  Participants and “discussion champions” will share core insights on industry topics, including data privacy, ESI protocols, processing and forensic tools, and more.  We hope to see you there!

On December 6, 2019, the Allegheny County Bar Association will host its 32^nd Annual Bankruptcy Symposium at the Hotel Monaco.  bit-x-bit is honored to support this year’s Symposium, which includes a roundtable of federal court judges from the Western District of Pennsylvania as well as speakers from law firms, the Bankruptcy Court, and the IRS. The Symposium is immediately followed by the ACBA Bankruptcy and Commercial Law Section holiday party (admission to the reception is included in your registration). To learn more and register, please visit the ACBA’s website at https://www.acba.org/.

On November 19-20, 2019, the Pennsylvania Bar Institute (PBI) will host its Employment Law Institute West in Pittsburgh, PA. bit-x-bit is proud to be a sponsor once again.  This year’s Institute includes topics such as "Non-Compete Agreements and Theft of Trade Secrets," "Cybersecurity of Employee Personally-Identifying Information," and "Biometrics and Privacy Issues in the Workplace."

RelativityFest is an annual training and networking event in Chicago that brings together top law firms, judges, companies, consultants and vendors. Programming options span defensible preservation/collection to leveraging analytics tools to reduce time and effort in review and production. Beth Hughes, eDiscovery Project Manager at bit-x-bit, will attend a variety of sessions at this year's RelativityFest, including “Mobile Data Best Practices: Legal, Business, and Security Considerations” and “Government Data Demands: What You, Your Clients, and Your Companies Should Know.”  Hope to see you there!

bit-x-bit's President and Director of Digital Forensics, Brett Creasy, will give a guest lecture next week to Pitt Law students in the Honorable Christine A. Ward’s course – “Pennsylvania Practice” – an important course for students contemplating practice in Pennsylvania as well as Allegheny County.  As noted in the course catalog, “... if you wish to practice in Pennsylvania, but do not wish to lose your client's case because you are surprised by a procedural trap, this class is for you.” Brett will speak about best practices in digital forensics and e-discovery.

For the fifth year, bit-x-bit is delighted to be a platinum sponsor for ACBA’s Bench-Bar Conference, June 13-15 at Seven Springs Resort. Join ACBA lawyers and Federal and State court judges for networking, continuing legal education (23 CLE choices for 8 hours of credit), Waking up with the Judges for Breakfast  (“Business of the Courts”), entertainment (Monte Carlo night and karaoke), athletic events (golf, shooting, running, yoga and more) and great food. Learn more here. Hope to see you there!

The Kelly-Strayhorn Theater’s 11^th Annual “Full Bloom” Dance Party was a tremendous success, presided over by Luis Von Ahm, co-founder of Duolingo, and Janera Solomon, KST’s Executive Director, both beaming in the Post-Gazette’s article (link below). bit-x-bit was an enthusiastic sponsor and supporter, and bxb’s Joe Decker is a KST Board Member. Kelly-Strayhorn is more than an historic theater – it is a leading presenter and producer of contemporary performance and emerging artists, a community resource for emerging producers, and a great East Liberty neighborhood destination.

U.S. District Judge Cathy Bissoon (USDC for the Western District of Pennsylvania) has ordered the defendant in EQT’s case against a former employee turn over his mobile phone to bit-x-bit to be forensically examined for missing text messages believed to have been sent to former Rice Energy executives now engaged in a fight to take over EQT’s board of directors.

Please join bit-x-bit, opentext and Catalyst for an E-Discovery Happy Hour on Thursday, March 28. The event will take place between 5:30-8:30 p.m. at the Rivers Club Pittsburgh. This is a fun way to connect with local people who can help reduce the total cost of discovery and optimize review spend. Please RSVP to Joe Sinchak at jsinchak@catalystsecure.com or 518-332-9422.

Please join Brett Creasy, bit-x-bit’s President and Director of Digital Forensics, and Abe Rein, Esq. of Post & Schell, on Thursday, February 7 at 10:00 am, for a webinar on “Cybersecurity Risks and Best Practices in Commercial Transportation.” Brett and Abe will discuss: how companies are at risk via electronic devices in trucks/vehicles, mobile devices and computers, and company networks; methods of hacking; and best practices to mitigate liability. Click here to learn more or register: https://www.pmta.org/event-3223049

bit-x-bit’s President and Director of Digital Forensics Brett Creasy and Buchanan Ingersoll’s Jaime Tuite, Esq. will be presenting at the 2018 Employment Law Institute West on November 14, 2018. Their presentation, “The Collision of Confidential Employer Information and ESI: Safeguarding Confidentiality in the Expansive World of E-Discovery,” will examine how employers can protect confidential information and best practices for protecting this information, including preservation and retention strategies, confidentiality policies and employee exit protocols.

The Pittsburgh Business Times recently published the top 20 Cybersecurity Organizations in Pittsburgh and bit-x-bit is ranked in the top 10.  For the complete list, see the July 20-27 issue of the Pittsburgh Business Times.  bit-x-bit’s cybersecurity services include on-site incident response, analysis of data breaches and privacy violations, malware reverse engineering, vulnerability scanning, security awareness training, data loss prevention recommendations, and more. 

“Cyber Breach and Incident Response: Help from the Experts” by bit-x-bit’s Brett Creasy, President and Director of Digital Forensics and Buchanan Ingersoll’s Matt Meade, Esq., was recently published in the Pittsburgh Technology Council magazine TEQ. The article discusses how best to prepare for a potential cyber-incident and what types of incidents we see most often.

bit-x-bit’s Brett Creasy and Caitlin Counihan will be presenting at Robert Morris University’s Wheatley Atrium on Thursday, January 25^th from 4:30 – 5:30 pm. They will be discussing how to handle a digital forensic investigation from start to finish, including the intake of evidence and preparing forensic images. The event is sponsored by Robert Morris University’s Top Secret Colonials.

Cybersecurity is a critical piece to every business, but many business owners are not sure of the steps they need to take. This workshop can get you started! You will learn how to proactively protect the data that is important to your business. Your customers expect you to have secure systems - do you? What if all of your systems stopped tomorrow - do you have a back-up? Where is it stored? Do you train your employees to identify potential attacks? Who has access to your data in your business? We will look at these topics and give you solutions. Many are easily implemented. This workshop will take place on Thursday, October 26 from 9:00 - 11:00 am at the SMC Small Business Councils.

It’s almost time for the second annual Esquire Tennis Open! bit-x-bit is a Game Sponsor for this special evening of fun and competition, hosted by ACBA’s Young Lawyer’s division on Friday, August 18 at Mt. Lebanon Tennis Center. To learn more and register, click the link below. We’ll see you there! 

Joe Decker and bit-x-bit colleagues Susan Ardisson, Brett Creasy, Caitlin Counihan, and Maggie West led an in-depth session, “Electronic Evidence: Preservation, Examination and Review,” for the Summer Law Student Internship Program of the U.S. District Court for the Western District of Pennsylvania on July 13.  

Brett Creasy, bit-x-bit’s Vice President and Director of Digital Forensics, will be speaking at the Cyril H. Wecht Institute of Forensic Science and Law program titled “Digital Forensics in the Courts: A Legal and Technical Update.”  The afternoon seminar will take place on Friday, March 24, 2017 between 1 – 4:30 p.m. at the Duquesne University School of Law.  Other speakers include attorney David G. Ries of Clark Hill, FBI computer scientist Brian King and program manager for the National Computer Forensics & Training Alliance Adam Klickovich.

Brett Creasy, bit-x-bit’s Director of Digital Forensics, will be speaking at the Cyril H. Wecht Institute of Forensic Science and Law program titled “Digital Forensics in the Courts: A Legal and Technical Update.”  The seminar will take place on Friday, March 24, 2017 from  1 – 4:30 p.m. at the Duquesne University School of Law.

Check out “Securing the Digital Artifacts Important to Employee Investigations”, an article written by bit-x-bit’s Vice President Joseph Decker and published in the DRI’s In-House Defense Quarterly. Mr. Decker, and the Honorable Nora Barry Fischer, spoke about Trade Secrets at DRI’s Corporate Counsel Roundtable last month, on a panel moderated by Henry Sneath, Esq.

bit-x-bit is pleased to be a sponsor of the Lackawanna Bar Associations’ 35th annual Thomas M. Holmes, Esq. Bench Bar Conference next Friday, October 14^th from noon to 5:30 p.m. Of special interest will be a presentation entitled, “Crime Online: The Investigation and Prosecution of Cyber Criminals,” by Third Circuit Judge Thomas I. Vanaskie. The event will conclude with a reception from 4:30 to 5:30.

To see a full schedule of conference events, please visit: http://www.lackawannabar.org/index.php?id=106

The Allegheny County Bar Association's Legal tweet service has officially expanded their coverage to include the U.S. Court of Appeals for the Third Circuit. This is an addition to the ACBA Legal Tweet Service’s already expansive coverage on the Allegheny County Court of Common Pleas, PA Commonwealth Court, PA Superior Court, and the PA Supreme Court decisions, thus providing you with the quickest and most comprehensive way to stay in the know on all matters related to court rule amendments, important court opinions, and information on local events that are relevant to you.

Be sure to check out and follow the ACBA Legal Tweet service at:http://www.acba.org/legaltweets

bit-x-bit is proud to be the exclusive sponsor of the ACBA Legal Tweet Service.

Have you ever wondered what you could do with a law degree - besides practice law? Well, the ACBA Non-Practicing Attorneys and Legal Professionals Committee is hosting a panel discussion on
September 29^th, from 5-7 pm in the Koppers Building to show the many ways you can use your law degree in addition to the traditional practice of law.  bit-x-bit’s CEO Susan Ardisson, along with Melanie Harrington, President of Vibrant Pittsburgh, David Matthews, legal and legislative advisor for the Center for Organ Recovery and Education, and Abby Wilson, deputy director for public policy and community relations for the Allegheny County Health Department, will all be sharing their individually unique ways in which they have successfully used their law degrees to build interesting and rewarding careers outside the practice of law.  This event is a wonderful opportunity for anyone who is  curious about how they can chose a non-traditional legal career.  

A networking reception, including drinks and light hors d'oeuvres, will take place both before and after the presentation.

Register by September 28^th by visiting: https://www.acba.org/CLE-Events/Event-Info/sessionaltcd/CSD160929_NONPRACTIC  

This past Wednesday, bit-x-bit ventured to Buchanan Ingersoll Rooney to give a firm-wide presentation to over 100 lawyers on the technical aspects of electronic evidence.
They presented on topics ranging from the preservation and collection process, to forensic investigation techniques and ESI protocols, as well as strategies for reducing or shifting ESI costs. 
The program is part of Buchanan’s continuing legal education program, and bit-x-bit is pleased to share their expertise with this leading law firm

What’s the easiest way to keep up to date on local court rulings, judicial opinions and more - the ACBA’s new Legal Tweet Service!  Each day, the ACBA publishes a summary of the  significant local court legal updates and provides the relevant links to opinions and rulings through its Twitter page, making the legal decisions that are important to you all available in one convenient place. bit-x-bit is pleased to be the exclusive sponsor of this innovative and helpful service.

To learn more about this new service, please visit:
https://twitter.com/AlleghenyCoBar

Check out the legal tweets twitter page at:
http://www.acba.org/legaltweets

Susan Ardisson and Joseph Decker are lacing up their tennis shoes as they prepare to co-chair the tennis tournament at this year’s annual Bench Bar Conference at Seven Springs Mountain Resort taking place June 16th-18th. For over half a century now, the Bench Bar Conference has been a standing tradition for local lawyers and judges to come together in an informal setting to discuss the issues facing the state and federal court systems of Western PA. It is also a great opportunity to build professional and personal relationships through numerous events including, great food, sports, and entertainment. You don’t want to miss out on this-become part of the tradition today!

For more information, please visit:
http://www.acba.org/54benchbar
Bit-x-Bit is again pleased to be a platinum sponsor of this event

The crucial evidence today is electronic, and law firm Tucker Arensberg is ready for that challenge. bit-x-bit will be providing expert advice to help the firm expand its knowledge of electronically stored evidence. We will be presenting to Tucker Arensberg on electronic evidence, e-discovery, and the new Defend Trade Secrets Act.

To learn more about Tucker Arensberg’s more than 100 years of experience, please visit http://www.tuckerlaw.com/

bit-x-bit’s CEO, Susan Ardisson shares insights on cybersecurity in the workplace through PNC’s  bizwomen journal.  To learn about the most prevalent cyber-attack faced by companies, and how to protect your company, clients and employees, check out http://www.bizjournals.com/bizwomen/channels/pnc/2016/04/cybersecurity-are-you-inviting-in-hackers.html.

Brett Creasy will guest lecture at Carnegie Mellon University on cyber forensics and incident response.  His topic will be cell phone forensics in the private sector. 

On Monday, February 22nd,  Joe Decker guest lectured in the Trade Secret Law class at Duquesne University School of Law. His topic was “Using Computer Forensic Experts in Trade Secret Litigation.”