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Cloud Computing Agreements
Cloud-based services have exploded in popularity over the last decade due to their ability to provide the convenience of on-demand resources along with generating efficiencies by eliminating the need for dedicated hardware, software and ongoing maintenance. However, given the importance of information technology (IT) to most modern entities' operations, companies must balance the benefits of such outsourced cloud services with the risks associated with entrusting data and critical business processes to third parties. The rise of “big data” and business intelligence only raises the importance of a company's IT resources. Strong agreements are essential for any cloud service that supports critical IT systems. While the circumstances of each cloud implementation are different, this article provides an overview of key areas that need to be considered for any agreement to acquire cloud-based services.
Global Issues to Consider Before Review or Drafting
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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.