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Understanding and Mitigating the Legal Risks of Cloud Computing
It is no secret that an increasing number of enterprises are investing in cloud computing. Whether they are replacing on-premise applications or traditional outsourcing models, rising costs and technical complexity have led organizations to look to third-party providers for some or all of their information technology needs. There can be significant economic efficiencies realized by moving to the cloud. But, just as important are potential benefits associated with data privacy and security, compliance, business intelligence and overall information governance improvements. Entities often struggle with establishing comprehensive information governance programs that capitalize on the value of their information assets while avoiding the risks of ungoverned information. Cloud providers are increasingly aware of these challenges and are shaping cloud solutions to overcome them. That said, there are also potential risks involved if an entity does not adequately consider the information governance implications, especially those involving electronic discovery, when moving to the cloud.
Cloud computing leverages economies of scale to reduce inefficiency and improve performance of IT operations. Essentially, there are three categories of cloud service models ' Infrastructure, Platform, and Software-as-a-Service, commonly referred to as IaaS, PaaS, and SaaS, respectively. Infrastructure-as-a-Service involves outsourcing of equipment or hardware to support IT operations. IaaS providers include Amazon Web Services, Rackspace, and Nirvanix, among others. PaaS also includes outsourcing of hardware and includes providers like Microsoft Azure and Google Apps. The difference between infrastructure- and platform-as-a-service is typically around control. With IaaS, a client is usually responsible for the configuration and maintenance of operating systems, whereas with PaaS, the service provider manages those responsibilities. Lastly, there is Software-as-a-Service, which is a software distribution model where applications or programs are hosted by a third-party provider and are made available over a network, usually the Internet. SaaS providers include SalesForce.com and CaseCentral, among others.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.