Cloud Computing: E-Discovery Challenges
Best Practices to Minimize Pitfalls in Identification, Preservation and Collection of ESI
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare counsel on the legal complexities of cloud computing and its unique e-discovery challenges. The panel will provide best practices for managing ESI in cloud computing sources and drafting contract provisions to address potential litigation pitfalls.
Outline
- Overview of cloud computing
-
Discovery considerations
- Possession, custody and control
- Access to data
- Litigation holds
- Authentication of documents
- Jurisdiction
- Third-party subpoenas
- Emerging case law
-
Contractual provisions to address litigation concerns
- Use of data
- Location of data
- Encryption
- Ownership
- Destruction
- Subpoena
- Audit rights
Benefits
The panel will review these and other key questions:
- What do litigators need to know about cloud computing technology?
- How can counsel effectively institute a litigation hold involving data in the cloud?
- When served with a third-party subpoena, what duties do providers of virtual computing or cloud services owe users?
- What are the contractual provisions that a cloud computing user should consider in its vendor service agreement to address some of the discovery pitfalls that typically arise?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty

Todd L. Nunn
Partner
K&L Gates
He is a member of the firm’s E-Discovery Analysis and Technology Group (e-DAT), a unique practice that uses... | Read More
He is a member of the firm’s E-Discovery Analysis and Technology Group (e-DAT), a unique practice that uses business processes and advanced technology to provide efficient and cost-effective electronic discovery and document review legal services. He advises clients on e-discovery issues, document preservation, and discovery response planning. He is a frequent writer and speaker on e-discovery.
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Tanya Forsheit
Partner
Information Law Group
She founded the Information Law Group after 12 years as a litigator and privacy/data security counselor at Proskauer... | Read More
She founded the Information Law Group after 12 years as a litigator and privacy/data security counselor at Proskauer Rose. Certified as an information privacy professional by the International Association of Privacy Professionals (IAPP), she works with clients to address legal requirements and best practices for protection of customer and employee information.
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