Export Control in the Cloud: What You Need To Know in 2015
This webinar provides exporters, their legal counsel, and cloud service users and providers with an overview of the latest trends in regulations and best practices regarding using the Cloud in Export Controls. A panel of thought leaders and practitioners assembled by The Knowledge Group will help firms better understand the rules, regulations, and pitfalls.
Cloud computing is less expensive and more efficient than internal corporate networks. However, businesses that store exportation data in the cloud need to be aware that the cloud service provider may store their data overseas. This practice and the use of cloud based export-control software could subject the user and provider to export compliance obligations. Where they fail to comply with the regulations, they face potential civil and criminal penalties.
Some of the major topics that will be covered in this webinar include:
- Bureau of Industry and Security (BIS) Export Administration Regulations
- Risks of Software-as-a-Service (SaaS) on Cloud
- Foreign Management of Export Data in Cloud
- Potential Civil and Criminal Penalties
- New License Exemption for Cloud Services?
- Insufficiency of ITAR-Complaint Services
- Export Control Compliance Risk Mitigation
Timothy P. O'Toole, Member
Miller & Chevalier
- Overview of Export and Sanctions Controls Generally and Interrelationship with the Cloud
- Who Is Potentially Subject To The Controls – Cloud Users and Cloud Providers
- Overview of Exports/Sanctions Law Relating To Cloud Services
- Nascent stages
- Early Developments
John C. Eustice, Member
Miller & Chevalier
- Cloud Computing Services Generally
- Contracting for Cloud-Based Services
- Key Risks/Issues in Cloud Computing
- General Contracting Strategies
- Specific Risks in the Export Controls Area
- Software as a Service
- Public vs. Private Cloud
Jeffrey G. Richardson, Senior Attorney
Miller, Canfield, Paddock and Stone, P.L.C.
- Pure Service Restrictions
- Exceptions within Comprehensive Licensing Regimes (ITR, SSR, CACR)
- Type of Software Controls, but
- Services Permitted, see Advisory Opinion
John M. Peterson, Partner
Neville Peterson LLP
- Issues Under the agencies Checklist or best practice guidelines
- Service levels and implementation arrangements
Who Should Attend:
- Cloud Computing and Related Areas
- Enterprise Customers
- IT Security Officers
- Data Security Professionals
- Technology Firms and Others
- Export Control Counsel and Consultants
- International Trade Specialists
- Other Interested/Related Professionals
John M. Peterson practices in the areas of international trade and Customs law. He is a graduate of Fordham University and the Fordham University School of Law, from which he received a Juris Doctor Degree in 1977. He regularly represents foreign and domestic clients before the United States Customs Service, the United States International Trade Commission, the United States Department of Commerce, the Federal Maritime Commission, the Foreign Trade Zones Board and the Office of United States Trade Representative, and litigates before the United States Court of International Trade and United States Court of Appeals for the Federal Circuit. He has extensive experience in antidumping and countervailing duty matters, and in related proceedings involving unfair or injurious foreign trade practices. He counsels clients on export control laws, and handles matters involving protection of intellectual property rights in international trade.
Mr. Peterson writes regularly for several publications, including The Journal of Commerce and The Exporter, and he lectures on international trade and Customs topics worldwide. He is a member of the Customs and International Trade Bar Association and the Federal Circuit Bar Association. He has served as a United States Panelist in binational dispute resolution proceedings under Chapter 19 of the North American Free Trade Agreement (NAFTA).
John M. Peterson practices in the areas of international trade and Customs law. He is a graduate of Fordham University …
Timothy P. O'Toole counsels and defends individuals and companies in white collar criminal matters, conducts internal corporate investigations, and represents potential witnesses and targets in government investigations. He has significant experience handling matters involving export controls, embargo, criminal tax, bribery, public corruption, conspiracy, false representations to government agencies, obstruction of justice, and fraud. Mr. O'Toole is a cum laude graduate of the University of Virginia and the University of Virginia School of Law. He is regularly called on for comment regarding hot topics in the news, and has been quoted in a number of mainstream publications, including The Economist, The National Law Journal, The Associated Press, and numerous Bloomberg publications.
Prior to joining Miller & Chevalier, Mr. O'Toole served as the Chief of the Special Litigation Division of the Public Defender Service for the District of Columbia, where he supervised and handled complex cases in the local and federal courts. He is a former Assistant Federal Public Defender in Las Vegas, Nevada, where he represented people under sentence of death in federal proceedings.
Timothy P. O'Toole counsels and defends individuals and companies in white collar criminal matters, conducts internal corporate investigations, and represents …
John C. Eustice focuses on the counseling and representation of businesses and individuals facing complex civil litigation. He has litigated a broad range of civil actions, and has extensive experience in complex discovery, including all aspects of electronic and cross-border discovery, and he is a contributing member of and panelist for The Sedona Conference®, an e-discovery think tank. He also counsels clients in their negotiations with cloud computing services providers and other electronic data providers, ensuring that his clients' data is secure and protected in accordance with governing laws and regulations. In the course of his practice, Mr. Eustice has successfully advocated for his clients on these matters before both state and federal courts. Mr. Eustice is a summa cum laude graduate of Duke University, and a cum laude graduate of University of Pennsylvania Law School.
Mr. Eustice's recent engagements include counseling a public international bank in its negotiations with cloud computing services providers, representing non-profit corporations and partnerships in litigation spurred by internal dissention, defending non-profit and for-profit companies being investigated by governmental authorities, and counseling institutional clients on matters of privilege and confidentiality relating to disclosures by their former counsel. Recently, Mr. Eustice published a three-part series for Inside Counsel examining methods of technology assisted review (TAR) in civil litigation.
John C. Eustice focuses on the counseling and representation of businesses and individuals facing complex civil litigation. He has litigated …
Jeffrey Richardson advises multination clients in the information technology and defense sectors on matters including mergers and acquisitions, export controls, distribution agreements, joint ventures, and strategic corporate structuring. Specially, Jeffrey brings expertise in matching operational business execution requirements with functional business structures. He is frequently engaged in advising clients on export control compliance, technology control protocols, as well as the impact of intellectual property matters within business structures. His breadth of experience is informed by a business management and litigation background.
Jeffrey Richardson advises multination clients in the information technology and defense sectors on matters including mergers and acquisitions, export controls, …
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About Neville Peterson LLP
Neville Peterson LLP (“NPLLP”) is a law firm concentrating in international and domestic trade regulation matters. For more than 25 years, the firm has provided legal counsel and representation to foreign and domestic corporations and industries, governments, Customhouse brokers, freight forwarders, carriers and individuals in the areas of international trade, Customs law, export controls, intellectual property, antitrust, shipping, product safety, and related Federal regulatory disciplines. NPLLP represents small, medium, and large Fortune 500 companies regarding numerous regulatory issues and disputes before the United States Department of Commerce, United States Department of State, United States Customs and Border Protection, International Trade Commission, Environmental Protection Agency, United States Department of Agriculture, United States Food and Drug Administration, and other federal and state agencies.
About Miller & Chevalier
Founded in 1920, Miller & Chevalier is a respected Washington, DC law firm with a global perspective and leading practices in Tax, Employee Benefits (including ERISA), International Law and Business, White Collar and Internal Investigations, Complex Litigation, and Government Affairs. In an era of big law, Miller & Chevalier is a top-ranked firm sharply focused on targeted areas that interact with the federal government. Over the past three years, the firm's lawyers have represented more than 40 percent of the Fortune 100, one-quarter of the Fortune 500 and approximately 30 percent of the Global 100. Based in Washington, DC, a significant number of firm lawyers have held senior positions in the U.S. government and have written many of the regulations they currently help clients navigate. For many clients, the firm's federal focus and business perspective, critical factors in a dynamic global marketplace, make Miller & Chevalier integral to their success. A trusted partner to clients throughout the United States and around the world, Miller & Chevalier assists them with their most complex problems and strategic opportunities.
About Miller, Canfield, Paddock and Stone, P.L.C.
Miller Canfield is an international law tn that serves the complex legal needs and business objectives of domestic business entities and foreign multinational companies whose commerce, profits and growth are connected to the increasingly interdependent and expanding world economy. The firm's attorneys have been a presence in international business and trade law for decades, and are called upon to assist foreign and U,S. clients, as well as foreign consulates and trade offices, state agencies and local governmental units with matters involving international law.