Cloud Computing: Emerging E-Discovery Trends

Meeting the New Discovery Challenges in Electronically Stored Information

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, May 4, 2010

Recorded event now available

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Course Materials

This CLE course will enhance the attorney’s knowledge 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 that address some of the litigation pitfalls.


Cloud computing, or virtualization, is a powerful tool to resolve data capacity challenges, reduce costs, and enable the convenience of accessing applications and data anywhere, anytime. However, cloud computing also creates new challenges that litigators 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 other thorny issues. Case law is emerging, but there is 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 emerging case law, and contractual provisions in service agreements to address some of these pitfalls.



  1. Overview of cloud computing
    1. What is it?
    2. Components 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 the data
    2. Location of the data
    3. Encryption
    4. Ownership
    5. Destruction
    6. Subpoena
    7. Audit rights


The panel will review these and other key questions:

  • What is cloud computing — and what must litigators know about this emerging technology?
  • How can counsel effectively institute a litigation hold involving data in the clouds?
  • What duties does a provider of virtual computing or cloud services owe to a user when served with a third-party subpoena?
  • What contractual provisions should a cloud computing user consider in its vendor service agreement to address some of the discovery pitfalls that typically arise?


Wayne C. Matus
Wayne C. Matus

Pillsbury Winthrop Shaw Pittman

He has more than 30 years experience handling complex commercial and IP litigation. His practice focuses on security,...  |  Read More

Todd L. Nunn
Todd L. Nunn

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 L. Forsheit
Tanya L. Forsheit

Information Law Group

She founded the InformationLawGroup after 12 years as a litigator and privacy/data security counselor at Proskauer...  |  Read More

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