Seminar  Seminar

Cloud Computing 2012: Cut Through the Fluff & Tackle the Critical Stuff


Why you should attend

Corporations, government organizations and millions of consumers are shifting massive quantities of data and their software applications to cloud computing facilities.  Cloud computing uses the Internet to give every size organization access to large, dynamically scalable resources (data storage, software applications and computing power).  “The Cloud” allows users, at all levels, to avoid large capital outlays for hardware and up-front licensing fees and instead offers both hardware and software, as needed, in a flexible arrangement, as a monthly fee service.  Some organizations’ data centers are giving way to massive, secure and dynamically scalable shared hosting facilities.  Users rely on Internet connections to get access to their data and software applications from anywhere on the globe.  This new paradigm of computing provides flexibility, enhanced access to software functionality and potential cost savings, but can inject potential new risks.  Negotiating contracts for cloud computing services provides new challenges and a clear understanding of the inherent new hazards.

This program will provide practical advice on key terms for cloud computing contracts, help you define the vendors’ obligations for cloud computing facilities, offer strategies in protecting personal and corporate data, and assist in planning for transfers of data between cloud computing vendors.  This is an opportunity to hear industry experts who will help you understand and prepare for the massive changes inherent in the shift to cloud computing.

What you will learn

  • How cloud computing technology works and the inherent operational risks
  • The new business models in purchasing software as a service and storage as a scalable resource
  • How data security may be enhanced using cloud computing facilities
  • Critical factors courts will consider as to jurisdiction when a business using cloud computing is sued
  • Practical and contractual remedies to secure corporate assets and intellectual property
  • Why many cloud computing vendors are less flexible in contract negotiations
  • Practical concerns raised by the flood of e-discovery demands for cloud resources
  • Government related issues, including export control and trade sanctions risks
Special Features
  • Mock negotiation
  • Legal ethics issues (1 full hour credit)

Who should attend

Technology and IP lawyers, in-house counsel and outside counsel, and all lawyers who need to be on the cutting edge of legal changes in IT law. Business professionals, computer professionals and information managers who need to keep up-to-date with the dramatic changes in this area, will also find this program valuable.

Morning Session:  9:00 a.m. - 1:00 p.m.

9:00  Introduction

Janine Anthony Bowen, Tanya L. Forsheit

9:15  Cloud Technology and Business Overview
  • Overview of Cloud Computing
    a. Essential characteristics
        a. Business models and offering
             i. Infrastructure as a Service (IaaS) - e.g. Amazon AWS, GoGrid
             ii. Software as a Service (SaaS) - e.g. Gmail, Hotmail, MicrosoftOnline.com
             iii. Platform as a Service (PaaS) - e.g. Salesforce.com
  • Benefits of Cloud Computing (access to IT, platform for innovation, increased flexibility and efficiencies, reduced cost)
  • Risks of Cloud Computing (security, privacy, data usage and governance)
  • Barriers of Cloud Computing (policies and clarity related to data governance and accessibility, interoperability)
Janine Anthony Bowen, Rachel Beth Evans

10:15  Privacy and Data Security
  • International laws and jurisdictional issues
    -Cross border and data transfers
  • Government and third-party requests for data
    -Patriot Act
  • Data security: International, State and auditing
Christopher Wolf

11:15  Break

11:30  Government Related Issues
  • Federal procurement
  • Export
    -Basic overview of U.S. export controls and trade sanctions
    -Export control and trade sanctions risks and responsibilities of cloud providers
    -Export control and trade sanctions risks and responsibilities of cloud users

Jason M. Silverman, Charlene T. Storino

12:30  Lunch

Afternoon Session:  1:45 p.m. - 5:00 p.m.

1:45  Contract Issues

  • Privacy, data security and confidentiality
  • Indemnity and liability
  • Termination
  • Audits
  • Insurance
  • E-discovery and document preservation and retention issues
Tanya L. Forsheit, Todd Machtmes

2:45  Mock Negotiation
  • Privacy and data security
  • Termination
  • Service levels
  • Indemnification and limitations of liability
  • E-discovery and document retention issues
John Collins, Christine E. Lyon

3:45  Break

4:00  Legal Ethics and the Cloud
  • Duties of client confidentiality and the Cloud
  • Limits on a lawyer's access to data in the Cloud
  • Due diligence and supervision of Cloud providers
  • E-discovery issues in connection with the Cloud
Jeremy R. Feinberg, Maura R. Grossman

5:00  Adjourn
Co-Chair(s)
Janine Anthony Bowen ~ Jack Attorneys & Advisors
Tanya L. Forsheit ~ InfoLawGroup LLP
Speaker(s)
John Collins ~ Senior Global Trust PM, Google Enterprise
Rachel Beth Evans ~ Director of Legal Services, IT Offerings & Alliances Legal Counsel, Accenture
Jeremy R. Feinberg ~ Statewide Special Counsel for Ethics, NYS Office of Court Administration
Maura R. Grossman ~ Wachtell, Lipton, Rosen & Katz
Christine E. Lyon ~ Morrison & Foerster LLP
Todd Machtmes ~ Vice President & Assistant General Counsel, salesforce.com, inc.
Jason M. Silverman ~ McKenna Long & Aldridge LLP
Charlene T. Storino ~ Attorney, US Army
Christopher Wolf ~ Hogan Lovells US LLP
Program Attorney(s)
Tamara C. Kiwi ~ Program Attorney, Practising Law Institute

San Francisco Seminar Location

PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800

San Francisco Hotel Accommodations

The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.sfpalace.com/pli to receive the preferred rate.

Due to high demand we recommend reserving hotel rooms as early as possible.

PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.


Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Item# 34242
Location:  San Francisco, CA
We are sorry, but this program is no longer available for purchase online. For more information please call our Customer Service Department at (800) 260-4PLI.

Seminar attendance includes course handbook and associated course materials. A downloadable course handbook will also be available several days prior to the program start for your review.