Law & Forensics team of experts has experience and expertise working with Cloud computing technologies and advising on e-discovery, privacy, and security issues both in the U.S. and abroad respective to the Cloud platform.
Law & Forensics is often retained to advise legal and technology stakeholders as to issues around ownership and control, cost, destruction of data, and jurisdictional issues respective to Cloud systems. As organizations rapidly shift or utilize cloud solutions, e-discovery from those solutions is an afterthought. Little attention is paid to how data in the cloud will be placed on legal hold, or how it will be accessed, reviewed and produced in response to litigation or regulatory requests. Many companies operate under the assumption that their data in the cloud is at all times available via the search button, but this is not necessarily the case.
Law & Forensics can assist organizations in creating e-discovery plans for cloud-based solutions. Our teams frequently are retained by counsel and technology stakeholders to define access protocols, service-level agreements (e.g, production timeframes), chain of custody processes and protocols, and implementing legal views of data stored in Cloud solutions (e.g., early case assessment data views) that Cloud solutions can provide.
Frequently when organizations face an investigation or litigation that are using the Cloud are left scrambling to collect data from the cloud, which inevitably leads to higher costs and more complex legal decisions. Moreover, companies that migrate to the cloud can run into international conflict of law and privacy issues, depending on the cloud servers location. In fact, moving data to the cloud may result in the transfer of data to a new jurisdiction such as the European Union, China, or Dubai triggering certain data privacy requirements and other regulatory considerations.
Our team is frequently involved in advising clients on how to select the cloud vendor; (2) review the service agreement; (3) create and execute an e-discovery plan; and (4) address information risk management issues such as devising an exit strategy should problems arise.
