Overcoming Privilege Issues in Cloud Computing: E-Discovery and Client Communications

A live 90-minute CLE webinar with interactive Q&A

Tuesday, December 11, 2018

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 30, 2018

or call 1-800-926-7926

This CLE webinar will discuss the unique privilege issues caused by cloud computing. The webinar will review recent case law and detail best practices for litigators when performing e-discovery or communicating with clients using cloud-based technology.


“Cloud computing” is a broad term that can encompass many different cloud-provisioned services. The most familiar is cloud storage, the provisioning of storage space through the internet (for example Dropbox). However, cloud computing can also involve the provisioning of processing power, memory space, and other server components through the internet (such as Gmail).

Restricted access is the foundation of all privileges. When information is shared with a third party, the privilege vanishes. Usually, privilege is readily maintained because a company’s sensitive information remains in-house in the company, until it is shared with outside counsel to whom the privilege still applies as part of the litigation. Cloud computing, however, necessarily involves migrating data outside the company and to a third-party host, and thus presents novel privilege issues for litigators.

The risks associated with cloud computing can be especially apparent during e-discovery, an area of peak vulnerability for both law firms and clients. This single process can encompass security, data privacy, cross-border legality, compliance, and business continuity issues. Similarly, attorney-client communications via text message or Gmail may be considered non-privileged, depending on the context of the communication.

Listen as our distinguished panel discusses the myriad of privilege issues involved in cloud computing, especially concerning e-discovery and attorney-client communications. Our panelists will analyze recent case law touching on these issues, as well as best practices for practitioners to maintain privilege during litigation.



  1. Overview of cloud computing and its common uses during litigation
  2. Discussion of novel privilege issues raised by the use of cloud computing
  3. Analysis of recent case law regarding cloud computing privilege issues
  4. Best practices for litigators to avoid unintentional waiver of privilege during e-discovery or client communications


The panel will review these and other relevant topics:

  • How is cloud computing used in litigation?
  • What are the novel privilege issues raised by cloud computing?
  • How are judges viewing these privilege issues in the context of litigation?
  • What are best practices for litigators to avoid accidentally waiving privilege via cloud computing?


Sherer, James
James A. Sherer


Mr. Sherer is Chair of the firm’s Information Governance practice team and also serves as a member of the...  |  Read More

Additional faculty
to be announced.

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