Cloud computing is a burgeoning field in the information technology (IT) world and will leave few businesses untouched. Lawyers, too, must familiarize themselves with the special challenges cloud computing poses, particularly for electronic discovery. Attorneys must ensure that contracts clients enter into with cloud-computing service providers contain language covering litigation support, documentation retention and destruction, the return of data from the provider to the client, and the format and cost of providing such data.
Electronically stored information has transformed discovery and can quickly dwarf other costs of litigation. In e-discovery, in-house IT staff may find themselves working extra shifts to gather backup tapes from off-site storage; address custody-and-control issues; and obtain litigation-support software to search e-mail, file servers and backups.
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