Seminar  Seminar

Cloud Computing 2013: 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 provides flexibility, enhanced access to software functionality and potential cost savings, but can inject potential new risks. Negotiating contracts for cloud computing services presents new challenges and it can be difficult to formulate 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 business case for cloud computing
  • How to ensure privacy and data security in the cloud
  • Potential litigation pitfalls
  • What can and can’t be negotiated in enterprise cloud-computing deals
  • Practical concerns raised by the flood of e-discovery demands for cloud resources
  • Navigating export controls and trade sanctions risks and responsibilities
    -Pointers for addressing indemnity and liability, termination, audit, insurance and other key provisions
    - What is “Big Data” and why you should care
Special Features
  • One full hour Ethics 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, John P. Hutchins

9:15  The Business Case for Cloud Computing

  • Technical overview
  • Benefits of cloud computing
  • Making the go/no-go decision
  • Diligence considerations
  • Managing the risk
  • Business considerations

Janine Anthony Bowen, Rachel Beth Evans

10:15  eDiscovery and Litigation Issues

  • Planning for litigation - key considerations overview: preservation, collection, identification, review, and production
  • Potential litigation pitfalls
  • Preservation obstacles and practical solutions
  • Addressing issues associated with ”custody & control”
  • Common collection challenges and guidance
  • Is the cloud “not reasonably accessible”?
  • Preparing to negotiate scope limitations related to cloud-based data
  • Proprietary systems
  • Contractual terms that may increase or decrease costs or burdens when litigation arises

Joseph V. DeMarco, Alison A. Grounds

11:15  Break

11:30  Contract Issues

  • What can and can’t be negotiated in enterprise cloud-computing deals?
  • What are the most significant issues for RFPs, due diligence and negotiations?
  • What should/shouldn’t be included in key provisions?:
    - Privacy, data security and confidentiality
    - Indemnity and liability
    - Termination
    - Audits
    - Insurance
    - E-discovery and document preservation and retention issues
    - Export issues

Tanya L. Forsheit, Perry Robinson, Jason M. Silverman

1:00  Lunch

Afternoon Session:  2:15 p.m. - 5:00 p.m.

2:15  Privacy and Data Security

  • How to ensure privacy and security in the cloud
  • Service provider restrictions (HIPAA/HITECH and Business Associates, GLB, state laws)
  • Rights of individual data subjects
  • Location of cloud data and applicable law
  • European and other "offshore" regulatory issues
  • Ownership of data and transition/transfers between cloud providers
  • Subpoenas and other third party requests for cloud data
  • Audits and security
  • Big Data: what is it, and why should I care?

Mary Ellen Callahan, John P. Hutchins, Jon Neiditz

3:45  Break

4:00  Legal Ethics and the Cloud

  • Ethical duty of technical competence
  • Client confidentiality and 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

Janine Anthony Bowen ~ Jack Attorneys & Advisors
John P. Hutchins ~ Troutman Sanders LLP
Mary Ellen Callahan ~ Jenner & Block LLP
Joseph V. DeMarco ~ DeVore & DeMarco LLP
Rachel Beth Evans ~ Director of Legal Services, IT Offerings, Accenture
Jeremy R. Feinberg ~ Statewide Special Counsel for Ethics, NYS Office of Court Administration
Tanya L. Forsheit ~ InfoLawGroup LLP
Maura R. Grossman ~ Wachtell, Lipton, Rosen & Katz
Alison A. Grounds ~ Troutman Sanders LLP
Jon Neiditz ~ Kilpatrick Townsend & Stockton LLP
Perry Robinson ~ VP & Associate General Counsel, Rackspace Hosting
Jason M. Silverman ~ McKenna Long & Aldridge LLP
Program Attorney(s)
Tamara C. Kiwi ~ Program Attorney, Practising Law Institute
New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

The New York Hilton & Towers1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is 0495741. You can also make reservations online to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to:

Sheraton New York Hotel & Towers, 811 7th Avenue, New York, NY 10019, 1-800-325-3535 or (212) 581-1000. When calling, please mention Practising Law Institute and mention SET#311155. You may also book online.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right 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. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

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# 42131
Location:  New York, NY
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.