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Addressing e-Discovery and Litigation Issues

Stephen Selznick will be speaking on the topic of addressing e-discovery and litigation issues in a cloud computing environment at Federated Press' inaugural Cloud Computing Law Course to be held in Toronto on March 30-31, 2011.

Cloud computing offers significant benefits for the businessperson and reflects the ongoing maturation of our digital economy. However, it is not without complication; especially in the context of civil and IP litigation where Courts maintain adherence to evidentiary principals requiring the best evidence, continuity of evidence, preservation of evidence and the discounting of hearsay. Most often a third party cloud computing provider is not a party to the dispute or legal proceeding, yet it may have possession or control over the key or only evidence relevant to the case. In these circumstances, we are forced to revisit and take a fresh perspective on traditional rules of litigation and discovery. In this session we will offer insight into the following topical discovery and litigation issues in a cloud computing environment:

• Who has possession, custody and control of electronically stored data (ESI) in the computing cloud?
• What issues arise in the identification and collection of relevant evidence in a computing cloud?
• Can you obtain, and can you enforce, preservation orders and document holds in a cloud computing environment?
• How do you anticipate preservation orders and document holds from the cloud computing service provider’s perspective?
• How can you ensure the authenticity and integrity of evidence in a cloud computing environment?
• What are the rules for preserving, retaining and disposing of data in a computing cloud?
• What issues arise in discoveries involving metadata?
• How should cloud computing service providers respond to legal requests for information?

Click to view Course Brochure.