July 2009 | Cyberspace LawyerCloud computing providers, vendors of web-based platforms and software services, offer companies the opportunity to replace their enormously expensive and ever changing technological infrastructure with third party processing and storage capabilities over the Internet. The article discusses one issue that is not generally well addressed even with traditional IT outsourcing involving offsite data, which is discovery associated with litigation.
Before entering into a relationship, companies must carefully consider, anticipate and plan for the complex requirements for responding to requests for electronically stored information ("ESI") in litigation and regulatory proceedings ("e-discovery"). This article examines some of the risks that companies must address before proceeding on this heavenly route.
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