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 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.
Outline
- Overview of cloud computing
- What is it?
- Components 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 the data
- Location of the data
- Encryption
- Ownership
- Destruction
- Subpoena
- Audit rights
Benefits
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?
Faculty

Wayne C. Matus
Partner
Pillsbury Winthrop Shaw Pittman
He has more than 30 years experience handling complex commercial and IP litigation. His practice focuses on security,... | Read More
He has more than 30 years experience handling complex commercial and IP litigation. His practice focuses on security, privacy and electronic discovery. His extensive experience includes litigating trademark, copyright, and patent infringement, misappropriation of trade secrets, unfair competition, domain name, and breach of contract. He is the National leader of the Firm’s eDiscovery Practice.
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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 L. Forsheit
Partner
Information Law Group
She founded the InformationLawGroup after 12 years as a litigator and privacy/data security counselor at Proskauer... | Read More
She founded the InformationLawGroup 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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