Contracting for Cloud Computing Services: What You Need to Know
Migrating data from internal servers to “the cloud” has become a cost effective data management strategy for many firms in the last few years. Doing so however often requires entering into agreements with a number of complicated provisions which may lead to unexpected legal entanglements down the road. Businesses can potentially place themselves at risk if they do not scrutinize these arrangements before signing the contract. These risks are often related to data security, compliance, service availability and vendor lock-in which should make companies more mindful in purchasing cloud services. Companies really need to be in the know before moving to “the Cloud”
The Knowledge Group is producing a two-hour live web cast which will explore the issues and concerns surrounding cloud computing contracts. A panel of key regulators and thought experts will provide valuable information and analysis regarding contract provisions, risks and best practices.
Speakers will discuss:
• Necessary Provisions in the Contract or Service Level Agreement (SLA) with Cloud Service Provider (CSP)
• Privacy and Data Security Considerations
• Contract Negotiation Process
• Risk Identification, Assessment and Mitigation
• And Other regulatory updates
Michael Platner, Partner,
LEWIS BRISBOIS BISGAARD & SMITH, LLP
- Data formatting and availability in the cloud—DR, Back up—and protection.
- Data center attributes—do we care?
- Source code escrow—the elephant in the room?
- Insurance requirements—who is covered, who needs to be?
Richard Corley, Partner,
- Key Business / Legal Issues
- Negotiation Strategies
- Jurisdictional and Regulatory Implications, including Canadian Regulation of Personal, Health and Banking Information
- Key Differences Between Cloud Computing and Outsourcing
- Criteria for Choosing the Most Appropriate Computing Solution
David Wang, Attorney,
Wilson Sonsini Goodrich & Rosati
- Negotiation of Cloud Computing Agreements – Key Contract Issues
- Security and Privacy Concerns in the Cloud
- Legal Landscape: A Patchwork of Outdated Regulations
- IP Issues Associated With the Cloud
- Hosting of Third Party Content
Tim Cummins, President,
International Association for Contract and Commercial Management
– is the proposed contract for Cloud as a utility, or as a form of BPO?
– is the provider a stand-alone, or an integrator?
– is the provider from overseas, or domestic?
– will the services be used in markets with strong regulation, or weak regulation?
– do the services include personal data, or just general business information?
- Not all Cloud acquisitions are equal. Factors that change their riskiness and the nature of the terms required might include:
- Practical Background to Planning the Contract to Understand Internal Needs
Richard Santalesa, Senior Counsel,
Information Law Group
- Cloud SLA red flags to watch for in data security, privacy and compliance provisions
- Key contracting issues – “User’s Cloud Bill of Rights”
- Five Must Haves in Any Cloud Services Contract
- What to expect from the coming increase in Federal cloud usage, by way of standard and recommendations more broadly applicable to commercial cloud users
Dawn Leaf, Senior Executive for Cloud Computing,
National Institute of Standards and Technology
- Top 10 High Priority USG requirements to accelerate cloud adoption (interoperability, portability, security)
- Underlying fundamental security paradigm shift – traditional reliance on logical and physical boundaries
- Need to develop a cloud security framework that supports different organization values (global perspective)
- Polarization – private vs. public cloud service model
- Highlights: recommended next steps from a technical perspective
Who Should Attend:
– IT Officers and Professionals
– Business Managers with Cloud Computing Responsibility
– Procurement and Sourcing Officers
– Privacy and Data Security Lawyers
– General Counsel
– Risk Officers
– Private Companies
– Public Companies
– And other related professionals
Mr. Platner is a corporate partner with the Ft Lauderdale and Atlanta offices of Lewis Brisbois Bisgaard and Smith, LLP, one of the 40 largest firms in the US. He leads an experienced technology and general corporate law practice serving clients on specific technology issues such as infrastructure contracting, cloud computing, software and platform as a service, e commerce and internet security and liability , media, and data protection. Mr. Platner has also counseled clients on hundreds of M & A and corporate finance transactions, as well as in dispute resolution matters. Mr. Platner has an MBA and JD from Emory University.
Mr. Platner is a corporate partner with the Ft Lauderdale and Atlanta offices of Lewis Brisbois Bisgaard and Smith, LLP, …
Richard Corley’s practice is focused on the intersection of law and technology, with a specific focus on the clean technology (CleanTech) and information technology industries. Richard has more than 25 years of experience in structuring and negotiating creative solutions to complex commercial arrangements and assisting entrepreneurs to grow their businesses. He has acted as lead counsel in advising corporations on complex outsourcing transactions, joint ventures, CleanTech and other technology acquisitions, technology-related competition law matters, and other commercial and corporate law matters. He is a partner in the Firm’s CleanTech, Information Technology, Business and Competition Groups and co-head of the Information Technology Group.
Richard’s technical background and interest in the use of engineering to solve problems have led to his hands-on involvement with a wide variety of technologies, ranging from computer control systems and electronics to solar and thermal storage systems, and low-speed aircraft aerodynamics. He has long-standing interests and involvement in energy conservation and energy alternatives and is currently involved with the Canadian implementation of the Third Industrial Revolution initiative, which integrates distributed renewable energy, low-energy buildings, intelligent power distribution and management, and energy storage systems, in response to demands for secure sources of energy and reduced greenhouse gas emissions.
Richard Corley’s practice is focused on the intersection of law and technology, with a specific focus on the clean technology …
David Wang is an associate in the Palo Alto office of Wilson Sonsini Goodrich & Rosati, where he is a member of the technology transactions practice.
Prior to joining the firm, David worked as a patent agent with a Palo Alto intellectual property boutique, focusing on patent preparation and technical analysis in the fields of computer hardware, software and Internet-based technologies, semiconductors, and clean technologies. He also interned with the patent development group at Apple.
Before attending law school, David was an engineer for a number of years at a leading global semiconductor equipment manufacturer, where he spent extensive time supporting clients in Asia.
J.D., Santa Clara University School of Law, 2009 Cum Laude, Order of the Coif, Dean’s List, IP Fellow B.S., Electrical Engineering and Computer Science, University of California, Berkeley, 2001
ASSOCIATIONS AND MEMBERSHIPS:
Member, American Intellectual Property Law Association
State Bar of California
U.S. Patent and Trademark Office
David Wang is an associate in the Palo Alto office of Wilson Sonsini Goodrich & Rosati, where he is a …
Tim Cummins is CEO of the International Association for Contract & Commercial Management, a cross-industry non-profit organization which spans 140 countries. Tim started his career in Corporate Finance in the banking and automotive industries, before moving to a series of senior roles in Commercial Management. He led negotiation teams for sales up to $1.5bn in the aerospace and then technology sectors. For 12 years, he worked at the IBM Corporation, overseeing projects on business terms improvement and then joining the Chairman’s staff in New York, on a small team exploring the impacts of globalization on corporate structure and organization. He led reengineering of the worldwide contracts and pricing process, before leaving IBM to become co-founder and CFO of a successful venture funded software company. Tim then founded IACCM, which has grown to more than 23,000 members and is devoted to assisting organizations achieve improved results from their trading relationships. The Association’s work includes extensive research into new forms of offering, such as Cloud, and related contract and risk implications. In his role as CEO, Tim acts in an advisory capacity to many major international corporations and government agencies in both traditional and emerging markets.
Tim Cummins is CEO of the International Association for Contract & Commercial Management, a cross-industry non-profit organization which spans 140 …
Richard Santalesa is Senior Counsel in Information Law Group’s east coast office, based in Fairfield, Connecticut, with over twenty years of technology experience. He focuses on representing clients on electronic commerce and internet issues, software, privacy and data security, outsourcing and other commercial arrangements involving intellectual property and data security. As a co-founder in the late ‘90’s of NYC-based Virtual Growth, Inc., Richard served as Director of Technology to plan and implement the firm’s infrastructure as the company grew to over 90 employees. At Virtual Growth Santalesa developed a first-hand understanding of the intersection of fast-paced technology and business needs as the firm prepared for a nation-wide rollout of its outsourced accounting services.
Immediately prior to joining the Information Law Group he served as Outside Counsel to FUJIFILM Holdings America Corporation, Valhalla, NY, where he provided counsel to numerous FUJIFILM entities in North America and as Legal Counsel to Ipsos America, Inc., New York, NY, the American holding company for Ipsos S.A., a publicly held global market research company headquartered in France with offices and subsidiaries around the world. Richard has also been an associate at well-respected New York and Connecticut law firms. He is a member of the IAPP and active in other legal, privacy and security organizations. A frequent speaker and writer on legal issues, he was a recent co-author on the ABA’s recent 2011 treatise addressing information security legal issues and an editor on Ken Adam’s recognized contracting treatise, a Manual of Style for Contract Drafting, 2nd Ed, published by the ABA.
Richard Santalesa is Senior Counsel in Information Law Group’s east coast office, based in Fairfield, Connecticut, with over twenty years …
Dawn Leaf is a Senior Advisor in the National Institute of Standards and Technology Information Technology Laboratory, and the NIST Senior Executive for Cloud Computing.
Prior to her appointment to NIST in March 2010, Ms. Leaf served as the Deputy Chief Information Officer & Chief Technology Officer for the United States Department of Commerce. She previously served as the Chief Information Officer of the Bureau of Industry and Security and as the Chief Technology Officer of the Smithsonian Institution.
Before joining the federal government in 1999, Ms. Leaf served as the program manager for several National Aeronautics and Space Administration (NASA) and National Oceanic and Atmospheric Administration (NOAA) programs under contract. Ms. Leaf acquired her broad experience in Information Technology from her 1981-1995 tenure with the Westinghouse Electric Corporation (Northrop-Grumman).
Ms. Leaf holds an M.S. in Systems Engineering from the Johns Hopkins University, Whiting School of Engineering, and is a cum laude graduate of McDaniel College.
Dawn Leaf is a Senior Advisor in the National Institute of Standards and Technology Information Technology Laboratory, and the NIST …
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
NASBA Field of Study:
NY Category of CLE Credit:
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
International Association for Contract and Commercial Management
Information Law Group
National Institute of Standards and Technology
About LEWIS BRISBOIS BISGAARD & SMITH, LLP
Lewis Brisbois Bisgaard & Smith LLP is a national law firm with more than 785 attorneys in 21 offices nationwide. Lewis Brisbois offers a highly diversified practice, while remaining exceptionally strong in the litigation arena. We are actively engaged in the representation of clients in over 30 different practice areas. Each practice area is staffed with professionals that are intimately familiar with the industry they serve and sensitive to the unique needs of each of our clients.
In 2011 the firm was ranked #3 in the nation for its diversity by Multicultural Law Magazine, and has consistently ranked in the top 50 of these diversity surveys since 2005. Our firm culture has fostered a diverse group of professionals committed to promoting the interest of our clients, community and legal profession.
Blake, Cassels & Graydon LLP (Blakes) is one of Canada’s leading business law firms with more than 550 lawyers in offices in Montréal, Ottawa, Toronto, Calgary, Vancouver, New York, Chicago, London, Bahrain, Beijing and associated offices in Al-Khobar and Shanghai. For more than 150 years, Blakes has proudly served many of Canada’s and the world’s leading businesses and organizations. The Firm has built a reputation during that time as both a leader in the business community and in the legal profession – leadership that continues to be recognized to this day. Blakes was named, for the third consecutive year, “Canada’s Law Firm of the Year” by Who’s Who Legal (2011) and “Law Firm of the Year: Canada” in the PLC Which Lawyer? Awards (2010). Blakes also consistently rank as one of the top Canadian firms on the Bloomberg, Thomson Reuters and mergermarket M&A league tables.
About Wilson Sonsini Goodrich & Rosati
Celebrating its 50th anniversary in 2011, Wilson Sonsini Goodrich & Rosati offers a broad range of services and legal disciplines focused on serving the principal challenges faced by the management and boards of directors of business enterprises. The firm is nationally recognized as a leader in the fields of corporate governance and finance, mergers and acquisitions, private equity, securities litigation, employment law, intellectual property, and antitrust, among many other areas of law. With long-standing roots in Silicon Valley, Wilson Sonsini Goodrich & Rosati has offices in Austin; Brussels; Georgetown, DE; Hong Kong; New York; Palo Alto; San Diego; San Francisco; Seattle; Shanghai; and Washington, D.C. For more information, please visit www.wsgr.com.