Taking Corporate eMail to the Cloud: The Stored Communications Act and Control

Available at http://www.pillsburylaw.com/siteFiles/Publications/LitigationWhitePaperCorporateEmailCloud_032311_final.pdf

While there is essentially no case law directly addressing discovery of corporate email held by Cloud providers, there are some instructive analogs found in cases involving third-party email providers under the Stored Communications Act, 18 U.S.C. §§ 2701-2712 (“SCA”) and in cases addressing the concept of “control” under Fed. R. Civ. P. 34(a) that should be considered by large corporations thinking of migrating email to the Cloud.

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About John Nicholson

I'm a transactional attorney who focuses on structuring and negotiating large outsourcing transactions (both on and offshore). As part of my work, I've specialized in: - Structuring and negotiating large outsourcing transactions (both on and offshore) including IT outsourcing and various BPOs (including HRO, Facilities Management, Procurement, Finance and Accounting), large systems development and implementations; - Assisting with development of RFPs, proposal evaluation, down select, and negotiation; - US and European privacy laws, including US Safe Harbor, and state privacy and data breach notification laws; and - Privacy, security, legal and contractual issues associated with cloud computing. I'm a frequent speaker on outsourcing, privacy and security issues. Before becoming a lawyer, I was the acting IT director for a mid-size company prior to hiring the CIO and project manager for the company's Oracle Financials implementation.
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