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

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Conducted on Wednesday, October 24, 2012

Recorded event now available

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Course Materials

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.

Description

Cloud computing is a powerful tool to resolve data capacity challenges, reduce costs, and enable the convenience of accessing applications and data anywhere, at anytime. However, cloud computing creates challenges that counsel will confront in the e-discovery process.

Questions arise as to possession, custody and control of ESI stored in the clouds. Implementation of litigation holds becomes more complicated. Authentication, privacy and jurisdiction are also thorny issues. While case law is emerging, there is still no clear guidance from the courts.

Some of the litigation issues can and should be addressed in the service agreement with the vendor. Critical contractual provisions include the use of the data, the location of the data, encryption methods, and ownership and audit rights.

Listen as our authoritative panel of legal specialists discusses the litigation pitfalls inherent in cloud computing, the recent case law, and contractual provisions in service agreements to address some of these pitfalls.

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Outline

  1. Overview of cloud computing
  2. Discovery considerations
    1. Possession, custody and control
    2. Access to data
    3. Litigation holds
    4. Authentication of documents
    5. Jurisdiction
    6. Third-party subpoenas
    7. Emerging case law
  3. Contractual provisions to address litigation concerns
    1. Use of data
    2. Location of data
    3. Encryption
    4. Ownership
    5. Destruction
    6. Subpoena
    7. 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
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

Tanya Forsheit
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

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