Is Your Head in the Clouds? Best Policies, Practices, and Risk Management for Cloud Computing and ASP Services

Summary:

U.S. and global businesses are increasingly outsourcing business and data processes to application service providers (“ASPs”) and other providers of cloud computing services. This can improve efficiency and save money. But, what may appear to be fair weather clouds can actually portend severe storms ahead.

Somewhere it is 10:00. Do you know where your data is? Join this program to learn:
- What business, security and liability exposure have been created by third party hosting or control of your data?
- What is the impact on your records retention compliance, e-discovery and even business continuity when your cloud providers intermingle your data with that of other companies'?
- What proactive steps you can be taking now to prepare for the cloud, minimize risks, and be ready for stormy weather ahead?

Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 2.0
Important Note: Your State Bar or Accounting Board will make the final determination with respect to continuing education credit. If you are applying for CLE credit in Texas you must register 20 days before the event date or you will not be able to obtain CLE credit.
Advance Preparation: Print and review course materials
Course Code: 103982

SEGMENT 1:
Doron Rotman, CIPP , National Privacy Service Leader, Advisory,
KPMG LLP

• What is Cloud Computing? 
  
• Cloud Computing Benefits and Concerns
  
• Service provider Audits – The death of SAS70 and the new standard – SSAE 16 and SOC-1, SOC-2 and SOC-3
  
• Records Management/Data Security/Accessibility Issues
  
  • Due diligence/contractual protections re companies involved (cloud provider, data hosting company, subcontracting, employee screening), who has access and privilege implications
    
  • Data location issues (geographical location, neighbourhood risks, restrictions on movement, privacy laws, SAS70 or audit of data hosting and cloud provider)
    
  • Financial strength/bankruptcy risks of cloud provider and data host

SEGMENT 2:
Douglas Herman, Managing Director, eDiscovery and Digital forensics Group,
UHY Advisors FLVS, Inc.

• Day-to-day Performance of the cloud.
• Small to mid-tier clients
• Data ownership – mixing of data, CRM systems
• Reality of implementing a litigation hold – not from a lawyer’s view, but from the client perspective, anecdotal experiences
• How to locate the clients’ data, commingling of data, forensic issues
• Cross border privacy issues

SEGMENT 3:
David R. Cohen , Partner, Co-chair e-Discovery Analysis & Technology Group,
K&L Gates LLP

• Litigation and security risks relating to the intermingling of data 
  
  • Ensuring that your cloud provider retains your data in accordance with your record retention policies and does not retain the data beyond the expiration of retention periods 
    
  • Implications of cloud providers' backup and disaster recovery policies 
    
  • The risk that your service will be interrupted or the confidentiality of your data will be compromised because of legal action relating to another customer of the cloud provider (e.g. see the Liquid Motors case from the N.D. of Texas in 2009). 
    
• Practical issues relating to e-Discovery in the event of litigation 
  
  • How would a litigation hold be implemented (and how much would it cost)? 
    
  • What searching/filtering functionality would be available? 
    
  • How and how fast could data actually be collected for designated custodians or on designated topics?

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Who Should Attend?

- In-House Counsel managing legal risks or E-discovery
- IT and Data Security Professionals managing ASP or cloud computing functions
- Procurement and Legal Personnel negotiating ASP contracts or performing due diligence in regard to service providers
- Outside Counsel and Consultants

Why Attend?

This is a must attend event for anyone interested in learning hidden security and litigation risks of cloud computing and ASP services.
    - Detailed guidance explained by the most qualified key leaders & experts
    - Hear directly from key regulators & thought leaders
    - Interact directly with panel during Q&A

Is Your Head in the Clouds? Best Policies, Practices, and Risk Management for Cloud Computing and ASP Services
LIVE Webcast

Tuesday, March 15, 2011

3:00pm to 5:00pm (ET)