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Legal Issues in the Cloud
A study reported earlier this year that 37% of all organizations worldwide are deploying cloud computing solutions, and predicted that by 2014 businesses in the U.S. will spend more that $13 billion on cloud computing, a 400% increase from today. Many companies are considering moving to cloud service providers that offer access to software applications on a “software as a service” (SaaS) basis, and many software companies are moving to cloud hosted environments as a means to offer their programs. Cloud computing, however, raises new and challenging legal issues for both cloud computing users and vendors.
Vendors typically have the advantage in negotiations for cloud services because they write the contracts and determine the terms they will offer. Many cloud services, particularly those used by small and medium-sized companies, are made available only through click-wrap agreements that are non-negotiable. Consistent with the cloud model of a “one-size-fits-all” commodity service, vendors are also typically reluctant to negotiate different terms for different customers. Those faced with non-negotiable contracts must review the terms of the agreement and do their diligence on the cloud vendor to be sure that the customer is not taking on more risk than it should and to determine whether the terms of the click-wrap agreement pose any problems to the customer.
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.