by Brian Focht | Aug 21, 2013
“Sticks and stones may break your bones, but words will never hurt you,” admonished every single mother, I imagine, for the entire history of human kind. It’s probably even in some of those ancient cave glyphs that have been found. It’s a fundamental tenet of New Testament Christianity, that one will demonstrate their strength in their ability to “turn the other cheek,” to refuse to dignify the petty assault of another. Today, it seems sometimes like it would take the internal, divine fortitude of a deity to handle some of the fierce attacks that one can find almost daily on Twitter or Facebook. Then one morning, you’re flipping past pictures of your friends’ kids on Facebook, when you see that one of your former clients, unhappy about the result of their case, has decided to post a comment on your firm’s page calling you… … a Hey, let’s face it, today’s social media allows anyone to say pretty much anything, and to do so before their “better angels,” so to speak, can prevent them. It’s done on accident all the time! Yesterday, even Dr. Phil (allegedly) had to delete a post from his twitter account after a poorly thought out question led some to wonder whether he was condoning rape if the woman was intoxicated (I’m pretty sure he doesn’t, but you get it). Another fact of life we all have to deal with is that there will ALWAYS be clients who will be upset with the services we, as attorneys, provide. So you’ve received some really nasty reviews from a former client, that you consider to be... read more
by Brian Focht | Aug 19, 2013
Everyone in business looks for that little tactical advantage, that one way to save money that has no impact on the quality of work. For most companies nowadays, overhead and employee perks have been one of the most popular places that companies have been seeking that edge – cutting back on company cars, health insurance plans, expensive office services. But that one perfect way to save, it turns out, didn’t happen through a cost-cutting analysis, but when the guy in the office next door began accessing his company email with his iPhone. In the fall of 2008, I offered to gather some information for my firm about a proposal to purchase Blackberrys for all of the attorneys in the office (at the time, of the 12 attorneys, only the five partners had firm-provided phones). It was the height of Blackberry dominance in the corporate business world, and many seemed to look at Blackberry as the only sensible option at the time. I prepared a full report to the associates about which line of phones and plans we should request, but to my shock, the plan to request the phones was voted down. I purchased my first iPhone shortly thereafter, and used its email system to connect to the firm’s Exchange server. Little did I know that instead of participating in the end of the glory days of Blackberry, I was part of a new trend in technology: “Bring Your Own Device,” or BYOD. Businesses everywhere have come to the realization that they can save a TON of money simply by allowing their employees to bring their devices with them... read more
by Brian Focht | Aug 14, 2013
So I read the headline of an article this morning that read: “Google Filing Says Gmail Users Have No Expectation of Privacy,” and I was a little amazed that Google would be so brazen. Sure, as a user of Gmail, Google’s industry-leading email platform, I am aware that they scan the emails I send out (see my earlier post about being a little creeped out when talking about Sherlock Holmes in an email led to Sherlock Holmes ads appearing on my Gmail page) and that privacy advocates and Google’s competitors have been shouting from the rooftops about Google invading people’s privacy. Still, I found it hard to believe that the headline of that article was accurate, so I dug deeper. As it turns out, Google is actually asserting that it’s not just Gmail users, but anyone who uses email at all that has no expectation of privacy regarding their emails. I tend to be the type of attorney who reads what non-lawyers write about lawsuits in general, and specific legal argument and contentions in particular, with a grain of salt. As a litigator, I’m very familiar with the concept of things that seem illogical, such as pleading in the alternative, but are a part of regular legal practice, and serve important goals. A party, at the beginning of litigation, should be allowed to plead in the alternative, because it is highly likely that not all the necessary facts and information are readily available prior to discovery (or even after discovery, if the proposed amendments to the federal discovery rules are adopted, but I digress). So what is the case,... read more
by Brian Focht | Aug 9, 2013
Ever heard of the “Master Key,” or know how your “weblogin Token” can be stolen? Both are serious issues that demand the question: “Is your Android device secure?” As an attorney, it’s likely that you use your phone or tablet to conduct business, including storing or discussing confidential client information. If any of the devices you use operate on the Android OS, you had better have the security of that information in mind, and know how to minimize your risks. In this three-part article, I hope to help you do just that. Finally, the story of the HTC One S and how you can protect yourself and your clients… (In Part 1, I will discuss the “Master Key” vulnerability, in Part 2, I will discuss the recently revealed security problem with Google’s “weblogin Token,” and in Part 3, I will talk about how Google’s piecemeal update system makes these vulnerabilities particularly worrisome, and what attorneys can do to protect themselves and their clients’ confidential information.) The final section of this article deals primarily with how attorneys can protect themselves and their clients from attacks through these particular vulnerabilities. Some of you may be saying to yourselves: “As long as I pay close attention to what I put on my Android device, I should be just fine.” To those of you who say that, I give you this: The HTC One S Recently, phone manufacturer HTC announced that they would no longer provide any updates for the HTC One S, a smartphone that operates on Google’s Android OS. The announcement serves as the perfect example of how Android’s manufacturer-based update system... read more
by Brian Focht | Aug 8, 2013
The Wisconsin State Bar recently published an impressive comparison chart reviewing PDF Software for attorneys. Four packages, Adobe Acrobat, Nitro Pro 8, PDF Converter Enterprise 8, and pdfDOCS, were reviewed in great detail. The analysis looks at each software with an eye towards what attorneys need from their PDF-creation software. Core requirements include creating searchable PDFs, adding comments, adding Bates stamp numbers, high-level image and text redaction, and the ability to remove metadata from the document. As far as comparison charts go, I’m quite impressed. They cover everything from word processor compatibility (including both Word and WordPerfect), other compatibility (Excel, PowerPoint, Outlook), conversion capabilities (to and from various document types, including TXT, RTF, and image files), and compatibility with other software and apps commonly used by lawyers, like Evernote. The packages were also evaluated for Ease of Use, Feature Set, Value for Cost, and Manual/Help/Online Resources, on a scale of 1-10 for each category. So what is the best PDF software for attorneys? (Also, check out reviews of other PDF software packages in our Review Catalog) Adobe Acrobat XI: Professional Among Acrobat’s best features is the ability to directly edit a PDF document without having to locate the original hard copy. As most of us have experienced, too frequently when a change needed to be made, you would have to go find the original document, make any changes you wanted, re-scan or convert the document, and replace the existing PDF with your new, modified version. Acrobat dramatically reduces that need by providing the ability to edit directly. Acrobat also allows direct connection to web-based document storage such as Evernote... read more
by Brian Focht | Aug 7, 2013
Ever heard of the “Master Key,” or know how your “weblogin Token” can be stolen? Both are serious issues that demand the question: “Is your Android device secure?” As an attorney, it’s likely that you use your phone or tablet to conduct business, including storing or discussing confidential client information. If any of the devices you use operate on the Android OS, you had better have the security of that information in mind, and know how to minimize your risks. In this three-part article, I hope to help you do just that. Next, what is the “weblogin Token,” and how does it affect my security… (In Part 1, I discussed the “Master Key” vulnerability, in Part 2, I will discuss the recently revealed security problem with Google’s “weblogin Token,” and in Part 3, I will talk about how Google’s piecemeal update system makes these vulnerabilities particularly worrisome, and what attorneys can do to protect themselves and their clients’ confidential information.) If you have an Android device, odds are you use that device to log in to a Google account somewhere. Be it Gmail, Google Calendar, Google Drive, or even Google Apps for Business, you probably log in using your Android device. For good reason: Google offers you an easy way to log in to all of your Google sites through your Android device through their “weblogin” program. The weblogin program works by creating a unique “token” on your device when you sync it up with your Google accounts. Any time you access those Google accounts from your Android device once the token is set up, you are automatically authenticated... read more
by Brian Focht | Aug 5, 2013
**UPDATED** as of 5:18 pm EDT Ever heard of the “Master Key,” or know how your “weblogin Token” can be stolen? Both are serious issues that demand the question: “Is your Android device secure?” As an attorney, it’s likely that you use your phone or tablet to conduct business, including storing or discussing confidential client information. If any of the devices you use operate on the Android OS, you had better have the security of that information in mind, and know how to minimize your risks. In this three-part article, I hope to help you do just that. First, what is the “Master Key,” and how does it affect my security… (In Part 1, I will discuss the “Master Key” vulnerability, in Part 2, I will discuss the recently revealed security problem with Google’s “weblogin Token,” and in Part 3, I will talk about how Google’s piecemeal update system makes these vulnerabilities particularly worrisome, and what attorneys can do to protect themselves and their clients’ confidential information.) A recent analysis revealed a new, disturbing vulnerability in the Android OS, ominously referred to as the “Master Key.” How disturbing? Apparently 99% of Android devices are susceptible. This vulnerability could potentially allow hackers to convert any app into a malicious Trojan without setting off the security system that Google uses to prevent apps from being modified, called the “cryptographic signature.” Specifically, each Google app has the “cryptographic signature” safety feature which acts essentially like a seal to indicate when an app has been tampered with (akin to the safety seal on a bottle of aspirin). Google’s system is set up to... read more
by Brian Focht | Aug 1, 2013
There are few tools or devices that are uniform to nearly all types of law practice, yet also used almost exclusively by lawyers. Probably the single most important one of those tools is the Legal Pad. Seriously, other than lawyers, who else uses them regularly once they’re done with college? Exactly. Yet, if you’re a practicing lawyer (or spend much time around us), you know that we’re rarely without them. So here’s my pitch: Replace the Legal Pad! It has been my position for YEARS that the technological innovation that would be the lawyer’s version of “building a better mousetrap” was something that could eliminate the need for the legal pad. Evernote’s Penultimate 4.1 may be the closest thing yet to that proverbial “better mousetrap.” For more detailed reviews of Evernote’s Penultimate 4.1, check out our Review Catalog. At its heart, Penultimate 4.1 is a note-taking app. Using either your finger or a stylus, you can use the screen of your tablet just as you would your notepad – at least that’s what Evernote hopes you’ll believe. Despite my sarcasm (and skepticism), Penultimate actually succeeds at putting together a lot of the aspects of a legal pad, provided you don’t mind carrying around a stylus (which I hate). However, the best feature in the updated version of Penultimate has little to do with note-taking, but a LOT to do with one of my recurring themes in this blog – security. Assuming you’re paying for Evernote’s premium services ($45 annually), Penultimate allows the user to add an extra layer of security to their saved notes beyond simply logging in to... read more
by Brian Focht | Jul 31, 2013
Here’s today’s Technology News Update, a look at a few of the news reports, previews, reviews and tech gossip stories that are making waves today, including news from the ABA, Verizon, Microsoft, and Bret Taylor (former executive at Google and Facebook). Oh, and a solar powered tent, for anyone who may be interested… The most recent tech survey, conducted by the American Bar Association, sought to determine what smart devices attorneys use the most. The results: a great and growing number of attorneys are using iPhones and iPads. Not only are more attorneys utilizing smart devices than before (which is pretty self-evident), Apple has essentially replaced Blackberry as the dominant player among lawyers who do utilize smartphones and tablets. Apple’s market share increased from 31% last year to a staggering 55% this year. Over the same time period, Android devices increased their market share from 15% to 20%, and the number of attorneys who reported using no smart devices at all decreased from 12% to 9%. For more on the survey, click here. To see how Samsung is now beating Apple in customer satisfaction in the U.S., click here. Verizon, which had originally been set to launch its version of the HTC One smartphone, has pushed back the release date to August 15th. It is unclear why the delay is necessary, or how the delay will affect Verizon’s sales of the HTC One, which has been available on other networks for some time. Further unclear is how the delay will affect overall sales of the HTC One, considering that the highly-anticipated Moto X is scheduled for launch tomorrow. Microsoft... read more
by Brian Focht | Jul 31, 2013
Yeah, I have to admit that I love Dropbox. It may be the second most useful app I have on my iPad (the most useful, is iAnnotate, which I’ll discuss at another time). It’s freaking great! Files transfer seamlessly (or as seamlessly as your internet connection allows). I can make changes on my computer at home, upload those changes to Dropbox, make additional changes on my iPad, then use Dropbox to transfer that version to my work computer. What’s not to love? Oh, right. Dropbox is, apparently, a gigantic, gaping hole in your company’s firewall and information security system. We all know that companies ban employees from using certain websites while at work. It’s not always helpful for business productivity for employees to always be on Facebook during the day, and while there would probably be a second revolution, it wouldn’t be hard to understand why companies would want to block sports or betting sites during the NCAA Men’s Basketball Tournament. Companies are wising up to the use of apps too, a problem that is becoming more prevalent in the growing world of “BYOD.” (Bring Your Own Device) A list of the Top 10 Most Banned Apps (for iOS and Android) was published earlier this month, and it contained plenty of the usual suspects: Angry Birds had a place on both lists, as did Facebook and Netflix. However, I was quite surprised to find Dropbox on both lists. Ok, actually, let me modify that: I was quite surprised to find Dropbox WAS THE #1 MOST BANNED APP ON BOTH LISTS. I figured, well, banning Dropbox circumvents the ability of... read more
