Gibbons Law Alert

Gibbons Law Alert

Tagged: Cloud Computing

Exploration of Sophisticated Cloud Computing Abilities Unnecessary When Responding to Discovery Demands

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Posted in E-Discovery: Legal Decisions and Court Rules

On May 29, 2014

A new decision out of the District of New Jersey holds that a company need not utilize its cloud-based comprehensive document search tools absent evidence that its standard custodian-based approach to data collection was deficient. In Koninklijke Philips v. Hunt Control Systems, a multi-billion dollar trademark dispute, defendant Hunt Control Systems, Inc. (“Hunt”) served plaintiff Koninklijke Philips N.V. (“Philips”) with discovery demands that included requests for production of electronically stored information (“ESI”). To prepare its response, Philips requested information from eight specific employees.

Clouds on the Horizon: The Supreme Court Hears Oral Arguments in Aereo

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Posted in Copyright

On April 30, 2014

Last week, the Supreme Court heard oral arguments in American Broadcasting Companies, Inc., et al., v. Aereo, Inc., No. 12-451, a copyright action whose outcome could dramatically shape the future of television and cloud computing. Aereo is an internet start-up that uses arrays of dime-sized, customer-specific antennas to stream and store on-demand, over-the-air television, likening its technology as an alternative to an individual using, for example, an antenna and DVR to legally capture and record over-the-air content for private viewing. Fearing the loss of their intellectual property rights and lucrative retransmission fees, a consortium of broadcasters promptly sued Aereo for copyright infringement in March 2012 in the Southern District of New York. The broadcasters sought a preliminary injunction against Aereo, arguing that Aereo’s service amounted to thinly veiled public performances, and therefore, constituted copyright infringement. The SDNY, and subsequently the Court of Appeals for the Second Circuit, both ruled in favor of Aereo, citing the 2008 Second Circuit Cablevision case (Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F.3d 121 (2nd Cir. N.Y. 2008)), which established the legality of using hosted DVRs to store and replay content to individual subscribers.

Federal Communications Commission to Move to the Cloud

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Posted in Technology Developments and Issues

On January 18, 2011

In early 2011, the Federal Communications Commission will launch a new, updated website and become the first major federal agency to utilize cloud computing technology to completely support its principal web presence. By moving to cloud technology, the FCC hopes to give a boost to this increasingly popular technology and to improve the FCC’s technology platform. In announcing its move to cloud computing, the FCC’s Managing Director stated, “given that we oversee an industry that should lead this country in innovation, we want to lead the government in the things we do every day as well.” Terremark will manage the FCC’s transition to cloud computing.

Technology and Legal Panel Addresses the Risks and Benefits of Cloud Computing at Gibbons Fourth Annual E-Discovery Conference

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Posted in Technology Developments and Issues

On November 18, 2010

Cloud computing is revolutionizing the IT marketplace. With the economy still suffering aftershocks from the Great Recession, companies of all sizes are being pressured to consider cost-cutting strategies. One such strategy is migration to cloud computing services. The “cloud” provides a reasonable solution to reduce cost while at the same time, increasing efficiency and innovation in IT operations. On Thursday, October 28, 2010, Gibbons P.C. held its Fourth Annual E-Discovery Conference, assembling a panel of experts for a roundtable discussion concerning (i) what constitutes “cloud computing,” (ii) how cloud migration can be achieved, and (iii) what risks are posed by “cloud computing” and how to mitigate those risks.

Gibbons E-Discovery Task Force Reaches New Heights

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Posted in Corporate Information and Records Management Policies / E-Discovery: Legal Decisions and Court Rules / Litigation Preparedness and Strategies

On November 16, 2010

On October 28, the Gibbons E-Discovery Task Force hosted its fourth annual full day E-Discovery Conference, with more than 100 clients, in-house counsel and other contacts in attendance. Devoted to the latest developments in electronic discovery and corporate information management, this program included speakers who are among the most respected names in the e-discovery field, including former United States Magistrate Judges John Hughes and Ronald Hedges, e-discovery authority Michael Arkfeld, and representatives of leading corporations and e-discovery service providers. Among the Gibbons attorneys who presented and moderated panels were Task Force Chair, Mark S. Sidoti, Chair of the firm’s Employment Law Department, Christine A. Amalfe, and Task Force members, Luis J. Diaz, Phillip J. Duffy, Scott J. Etish, Lan Hoang and Jeffrey L. Nagel.

Gibbons Fourth Annual E-Discovery Conference: Panel Discussion On Emerging Technologies In ESI Preservation, Collection And Processing

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Posted in Litigation Preparedness and Strategies

On November 11, 2010

Gibbons Fourth Annual E-Discovery Conference concluded with a panel discussion on emerging technologies in the management of electronically stored information (“ESI”). The panel discussed the burdens of e-discovery and offered presentations on emerging technologies to make ESI management and production more cost effective, efficient and least disruptive of business.

Gibbons to Host 4th Annual E-Discovery Conference – October 28, 2010

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Posted in Corporate Information and Records Management Policies / Litigation Preparedness and Strategies

On October 6, 2010

The Gibbons E-Discovery Task Force will host its fourth annual full day E-Discovery Conference on October 28, 2010, in the firm’s Newark, NJ office. Devoted to the latest developments in electronic discovery and corporate information management, this program will include speakers who are among the most respected names in the e-discovery field, including former United States Magistrate judges John Hughes and Ronald Hedges, e-discovery authority Michael Arkfeld, and representatives of leading corporations and e-discovery service providers.

Thunderstorms on the Horizon for Cloud Computing

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Posted in E-Commerce / Licensing / Privacy and Data Security

On March 8, 2010

With the U.S. economy still reeling from the aftershock of what is now known as the “Great Recession,” companies large and small are evaluating cloud computing as a means of reducing IT costs. The National Institute of Standards and Technologies (“NIST”) and the Cloud Security Alliance have defined cloud computing as a model for on-demand network access to a shared pool of computing resources over the internet, namely software applications, data servers, networks and other services. Just as businesses and consumers now pay for gas, electricity and other utilities, cloud enthusiasts predict that the cloud will be sold on demand as a pure IT service.

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