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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 DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.