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Rimon - CLE on Cloud Lawyering for PAABA

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Presented to the Palo Alto Bar Association on August 10, 2011

Presented to the Palo Alto Bar Association on August 10, 2011

Published in: Education, Technology

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  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
  • ● policies regarding the retrieval of data upon the termination of services \n\nEveryone bars acess to data after termination, \n\nbut you need to be able to access it in a readable format before termination and need to ensure that they will destroy the documents after you terminate (highlighted in the NC opinion)\n
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  • Transcript

    • 1. The Ethics of Cloud LawyeringYaacov Silberman, Rimon, P.C.Date: August 10, 2011
    • 2. Yaacov Silberman•Director of Operations at Rimon•Debt Finance Group at Ropes &Gray, LLP•Assistant Director (Web Content)at TheLaw.com•University of Pennsylvania LawSchool (J.D.)•Yeshiva University (B.A.)•Casual Geek
    • 3. What is “CloudComputing”?What are the ethicalconcerns? ✤Rules of Professional Conduct ✤State Bar OpinionsHow do I evaluate avendor?
    • 4. e Cl oud? hat is th1.W
    • 5. Cloud Computing Pyramid
    • 6. InfrastructureCloud Computing Pyramid
    • 7. PlatformCloud Computing Pyramid
    • 8. ApplicationCloud Computing Pyramid
    • 9. 2. Ethical Concerns
    • 10. COMPETENCE
    • 11. COMPETENCE MRPC 1.1: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
    • 12. COMPETENCE MRPC 1.1: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. CA Rule 3-110. Failing to Act Competently. (A) A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence.
    • 13. Confidentiality
    • 14. ConfidentialityMRPC 1.6 (a): A lawyer shallnot reveal information relating tothe representation of a client unlessthe client gives informed consent,[or] the disclosure is impliedlyauthorized in order to carry out therepresentation . . . .
    • 15. ConfidentialityMRPC 1.6 (a): A lawyer shallnot reveal information relating tothe representation of a client unlessthe client gives informed consent,[or] the disclosure is impliedlyauthorized in order to carry out therepresentation . . . . CA Rule 3-100. Confidential Information of a Client. (A) A member shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) without the informed consent of the client . . . .
    • 16. THE STATE BAR OF CALIFORNIASTANDING COMMITTEE ONPROFESSIONAL RESPONSIBILITY ANDCONDUCTFORMAL OPINION NO. 2010-179Does an attorney violate the duties ofconfidentiality and competence he or she owes toa client by using technology to transmit or storeconfidential client information when thetechnology may be susceptible to unauthorizedaccess by third parties?
    • 17. THE STATE BAR OF CALIFORNIASTANDING COMMITTEE ON sPROFESSIONAL RESPONSIBILITY AND dCONDUCT nFORMAL OPINION NO. 2010-179 e p eDoes an attorney violate the duties of Dconfidentiality and competence he or she owes to I ta client by using technology to transmit or storeconfidential client information when thetechnology may be susceptible to unauthorizedaccess by third parties?
    • 18. Exercise Caution
    • 19. Credit: Mike Johnson - TheBusyBrain.com
    • 20. Credit: Mike Johnson - TheBusyBrain.com
    • 21. Credit: Mike Johnson - TheBusyBrain.com
    • 22. Whatprecautionscan I take? Who can access my data?
    • 23. Credit: BFIShadow
    • 24. Ask for Help
    • 25. Date
    • 26. An Urgent Situation
    • 27. 3. Evaluating Cloud Vendors
    • 28. VENDOR
    • 29. VENDORSecurity
    • 30. VENDORSecurity Privacy
    • 31. VENDOR Security PrivacyPhysical ApplicationSecurity Security
    • 32. VENDOR Security PrivacyPhysical ApplicationSecurity Security
    • 33. https://
    • 34. VENDOR Security PrivacyPhysical ApplicationSecurity Security https://
    • 35. VENDOR Security PrivacyPhysical ApplicationSecurity Security https://
    • 36. I n t he e v e n t T h e mis Solution s In c.goes t h r ou g h a bus in es s tr a n s ition ,s uc h as a me r ge r , acq uisition b yan ot h e r c omp an y, or sa le of a ll or apo r t io n o f it s as s e ts , y our p e r s on a llyid ent i fi ab l e in f o r mation will like lybe am o n g t h e a s s e ts tra nsferred. Youw il l be n ot if i e d v i a e mail a n d a no t ie ia ma ilpr o mi ne n t n o t ic e on our We b s ite for30 da ys o f an y s uc h ch a n ge inow n er s hi p o r c o n t rol of y ourpe r s o n al in f o r mat ion . - Cl io P ra ctice M an a gemen t
    • 37. Free/Low Cost Paid/EnterpriseStorage/SharingBackup
    • 38. Free/Low Cost Paid/EnterpriseStorage/Sharing “Dropbox cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you toBackup government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas)”
    • 39. Free/Low Cost Paid/Enterprise “Decho does not disclose Personal Data,Storage including the data you back up with the Service, unless disclosure is necessary to comply with an/Sharing enforceable government request such as a warrant.”Backup
    • 40. Free/Low Cost Paid/EnterpriseStorage/Sharing “. . . the receiving party will (a) use such Confidential Information solely for the purposes for which it is provided; (b) not disclose such Confidential Information to any third party; . . . The foregoing willBackup not apply to any use or disclosure that is (i) required by applicable law, legal process or governmental authority, provided that the receiving party uses reasonable efforts to notify the disclosing party of the required disclosure and cooperates in obtaining a protective order to limit such disclosure . . . .
    • 41. Free/Low Cost Paid/EnterpriseStorage “SOS cannot access data stored with UltraSafe even under a Court order; the data is encrypted/Sharing and the correct password must be supplied to access the data.”Backup
    • 42. Free/Low Cost Paid/Enterprise
    • 43. Free/Low Cost Paid/Enterprise If you have a Free Account, Mozy may terminate your account and these Terms immediately and without notice if your computer fails to access the Services to perform a backup for more than thirty (30) days or you fail to comply with these Terms.
    • 44. Free/Low Cost Paid/Enterprise The Licensor may cancel the Subscriber’s Service with or without cause upon thirty (30) day’s prior written notice given by the Licensor by at least two emails sent to the Subscriber at the Subscriber’s address as shown in the Subscriber’s account details.
    • 45. Let’s Recap
    • 46. Let’s Recap =
    • 47. Let’s Recap =
    • 48. Let’s Recap =
    • 49. Let’s Recap =
    • 50. Let’s Recap =
    • 51. Yaacov Silberman, Rimon Law Group Www.rimonlaw.com Info@rimonlaw.com