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Electronic Discovery in the Cloud

By James Zinn and Kristin Zmrhal

As organizations strive to minimize costs and maximize efficiency and scalability of computing resources, IT and legal departments across the globe are turning to cloud technology (a.k.a., cloud computing) for help. Although the idea itself is not new, the use of pooled technology outside an organization's own infrastructure is gaining momentum with expanded service offerings from companies like Google, Amazon and Microsoft. The recent surge in popularity is pushing industry groups to consider how to accurately define cloud computing and provide guidance as to how it can be properly managed ' especially in relation to regulatory compliance and electronic discovery requests.

According to the National Institute of Standards and Technology (“NIST”), cloud computing “is a model for enabling convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction.” See, Peter Mell and Tim Grance, The NIST Definition of Cloud Computing, Version 15, 10-7-09, http://csrc.nist.gov/groups/SNS/cloud-computing (October 2009). From an IT perspective, cloud computing offers users seemingly unlimited resources for data storage, application development and data processing. From the legal and compliance perspective, cloud computing raises concerns and questions about the security, preservation and control of data stored in the cloud.

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