Cloud Computing 2010: Is Your Company Ready?

Overview

An application for privacy (CPE) credit has been submitted to the IAPP for approval.  CPE credit is currently pending.  For up to date credit information, please check the credit calculator for this program on our website.

Recently admitted NY attorneys: This program is accredited for transitional CLE credit

Why You Should Attend

The Information Technology industry is going through a paradigm shift to the new technology of Cloud Computing.  This innovation is different from traditional “IT Outsourcing” and is more than just “Web Hosting,” “ASP” or “Co-location” arrangements.  Cloud Computing utilizes the Internet to give businesses access to very large, dynamically scalable resources (computing power, software applications and storage volume).  The clients of such services need not have knowledge of the details of technology infrastructures (e.g. networking, security, software application platforms) and instead can rely on the vendors’ “Cloud” to deliver the requisite IT platform via the Internet, i.e. over the Cloud.  This method provides great flexibility, performance advantages and potential cost savings, but can inject new potential risks.  Therefore, the parties must understand and balance their benefits and risks, and express their expectations in their agreements. 

This program brings together a faculty of experienced technologists, in-house lawyers and law firm attorneys to explain this new means of delivering IT services. The expert faculty will explain this new IT services delivery method, outline aggressive licensing techniques, and analyze the consequent legal issues.  The seminar will cover performance obligations, intellectual property risks, security, privacy, trans-border data flow concerns, just to name a few. Be sure that you are on top of all of the developments and burning legal issues as this new IT paradigm becomes entrenched in the IT industry.  You will learn to identify all the critical issues to maintain your practice edge by attending this program.

What You Will Learn

• Basics of Cloud Computing technology, including differing platforms and costing models
• How to establish and evaluate performance and reliability
• How to protect corporate assets, including intellectual property issues and trade secrets
• Compare contracting models:  traditional licensing only versus service delivery versus hybrids
• Methods to address privacy and data security issues, including cross-border data transfer
• How to prepare for, and respond to, ediscovery obligations and governmental investigation inquiries
• Alternatives in disaster recovery/business continuity planning
• How to grapple with jurisdictional and choice of law decisions
• Legal ethics issues (1 full hour credit)

Who Should Attend

This program is aimed at technology and intellectual property 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.

Special Features

Live Webcast - Simultaneous live webcast of the San Francisco session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

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

9:00  Introduction

Peter Brown; Leonard T. Nuara

9:15  Technology and Business Overview

• Overview of Cloud Computing
      a. What is it? How does it work? 
          i. NIST definition
          ii. Essential characteristics
          iii. Deployment models
      b. 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, interop)
• Enablers of Cloud Computing (network access and broadband, government embracing the Cloud (e.g. apps.gov), regulatory harmonization)
• Legislative changes to encourage Cloud Computing
• Predictions re adoption and legal/policy issues

Janine Anthony Bowen; Nick Tsilas

10:55  Break

11:00  Analyzing Cloud Contracts and Deal Structure

• Comparing contracting models
• Contract negotiation (if any)
• Contracts on vendor’s form: What to watch out for
• Service Level Agreements & Service Metrics
• Liability & compliance issues
• Intellectual property issues
• Establishing and identifying performance & reliability
• Quality of service, pricing, expansion of facilities
• Insurance and contingency planning

Todd Machtmes; Leonard T. Nuara; Mark F. Radcliffe

12:05  Privacy, Data Security and Cross-Border Transactions

• Data access, compliance, deployment, management
• Recovery of data
• Transfer between Cloud providers
• International data capture, storage and maintenance
• Compliance with national and international laws

Suzanne Y. Bell; Michelle Finneran Dennedy

1:05  Lunch

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

2:15  Litigation Issues

• Jurisdiction and choice of law issues
• E-discovery involving Cloud facilities
• Government investigations
• Anticipating new types of claims
• Recent cases

Peter Brown; Tanya L. Forsheit; Mark Wittow

3:45  Break

4:00  Legal Ethics Issues

• Confidentiality issues implicated by lawyers and clients using the Cloud
• Competence and diligence issues implicated by lawyers and clients using the Cloud
• Are there differences between the ethical issues implicated by outsourcing versus use of the Cloud?
• Does the Cloud have a silver lining?

Jeremy R. Feinberg; Maura R. Grossman

5:00  Adjourn

Faculty

Co-Chair(s)

Peter Brown, Baker & Hostetler LLP
Leonard T. Nuara, Greenberg Traurig, LLP

Speaker(s)

Suzanne Y. Bell, Wilson Sonsini Goodrich & Rosati
Janine Anthony Bowen, McKenna Long & Aldridge LLP
Michelle Finneran Dennedy, Vice President of Security and Privacy Solutions, Oracle Corporation
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
Todd Machtmes, Assistant General Counsel, salesforce.com, inc.
Mark F. Radcliffe, DLA Piper LLP (US)
Nick Tsilas, Senior Attorney, Microsoft Corporation
Mark Wittow, K&L Gates

Program Attorney(s)

Tamara C. Kiwi, Program Attorney, Practising Law Institute

CLE Credit

Travel Information

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