The Ethics of Security (from Annual Advanced Real Estate 2015) (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 2.0

MCLE Credit: 2.0 (Ethics: 2.0)
Live-Interactive Credit: 0.0
Price: $140 (Includes a downloadable audio version.)
Viewable Through: 3/31/2018


A pre-recorded streaming VIDEO replay of two sessions from the March 2015 live seminar, 19th Annual Advanced Real Estate Seminar.

Cosponsored by Virginia CLE® in cooperation with the Real Property Section of the Virginia State Bar.

This program covers two hours of ethics by security gurus Sharon D. Nelson and John W. Simek of Sensei Enterprises dealing with NSA surveillance and digital misdeeds.

The Ethical Implications of NSA Surveillance for Lawyers

We have been inundated by stories about NSA surveillance, which has obviously gone well beyond surveillance of foreign targets. The tentacles of the NSA stretch into all of our electronic communications, sometimes with the cooperation of American companies — including cloud providers. We already know the NSA has had access to law firm data. Reforms proffered by the president are limited. Is the confidential client data held by law firms safe from the NSA's relentless pursuit of information? Can it be made safe? Is there a chilling effect on taking cases in which the U.S. government may think it has an interest? Our panel takes you through the revelations about NSA to date and outlines the steps law firms can (and ethically must) take to protect their client data from prying eyes of all kinds — abroad and at home.

Ethical Misadventures of Lawyers in the Digital Era

These days, you can commit an ethical violation simply by hitting the “Send” button on your keyboard — or your smartphone. Firms miss hearings because they didn’t whitelist the court’s e-mail address and so didn’t receive the hearing notice. They forget to scrub metadata revealing secrets to adversaries. They suffer data breaches because they don’t encrypt laptops, use a PIN on their smartphone, or have adequate protection from malware. And, oh, the disciplinary actions that have resulted from attorneys using social media! Our experts will tell you many tales of ethical misdeeds involving technology — and how they could have been prevented.





Sharon D. Nelson,
Sensei Enterprises, Inc. / Fairfax

Sharon D. Nelson, Esq., is the President of Sensei Enterprises, Inc., a digital forensics, information security and information technology firm in Fairfax, Virginia.   

Ms. Nelson is the author of the noted electronic evidence blog, Ride the Lightning and is a co-host of the Legal Talk Network podcast series called “The Digital Edge: Lawyers and Technology” as well as “Digital Detectives.”

She is a frequent author (eleven books published by the ABA and hundreds of articles) and speaker on legal technology, information security and electronic evidence topics. She was the President of the Virginia State Bar June 2013 – June 2014 and currently serves as the President of the Fairfax Law Foundation.

John W. Simek, Sensei Enterprises, Inc. / Fairfax

Mr. Simek is the Vice President of Sensei Enterprises, Inc., an information technology, digital forensics and information security firm located in Fairfax, VA. Mr. Simek has a national reputation as a digital forensics technologist and has testified as an expert witness throughout the United States. He holds a degree in engineering from the United States Merchant Marine Academy and an MBA in finance from Saint Joseph’s University.

Mr. Simek holds the prestigious Certified Information Systems Security Professional (CISSP) and EnCase Certified Examiner (EnCE) certifications. He currently provides information technology support to over 220 area law firms, legal entities and corporations. He is a co-host of the Legal Talk Network podcast Digital Detectives. He is a frequent author (ten books published by the ABA and hundreds of articles) and speaker on legal technology, information security and electronic evidence topics.


Larry J. McElwain, Parker, McElwain & Jacobs / Charlottesville

Larry J. McElwain is a graduate of the University of Virginia (1970) and Boston College Law School (1975).  He has been in private practice in Charlottesville since 1975.  Since the formation of Parker McElwain & Jacobs in 1990, the bulk of Mr. McElwain’s work has been focused on real property, both transactional and litigation.  He has long been involved in the real property Sections of the Virginia Bar Association and the Virginia State Bar.  Mr. McElwain is an occasional guest lecturer on real property at the University of Virginia Law School, and for Virginia Continuing Legal Education Seminars, and has assisted with the organization and presentation of the Virginia State Bar’s Annual Advanced Real Estate Seminar for several years. 

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