Law & Forensics’s team of experts has experience and expertise working with cloud computing technologies, as well as, 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 on issues around ownership and control, cost, destruction of data, and jurisdiction respective to cloud systems. As organizations rapidly shift or utilize cloud solutions, e-discovery 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 team frequently is retained by counsel and technology stakeholders to define access protocols, service-level agreements (e.g, production timeframes), chain of custody processes and protocols, and to implement legal views of data stored in the cloud (e.g., early case assessment data views).
Frequently when organizations using the cloud face an investigation or litigation they are left scrambling to collect data. This inevitably leads to higher costs and more complex legal decisions. Moreover, companies that migrate to the cloud can run into international privacy law 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 (1) 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.