Cloud Computing

News & Analysis as of

Four Things You Should Know about New York State’s Recent Advisory Opinion on the Taxation of Software as a Service (“SaaS”)

On May 15, 2015, the New York State Department of Taxation and Finance released Advisory Opinion TSB-A-15(2)S which concluded that sales of certain cloud computing services are not subject to New York State sales and use tax....more

Four Things You Should Know About New York's Recent Advisory Opinion on the Taxation of SaaS

On May 15, 2015, the New York Department of Taxation and Finance determined in Advisory Opinion TSB-A-15(2)S that the sale of certain cloud computing services were not subject to New York State sales and use tax. The Advisory...more

To Err Is Human; to Indemnify, Divine?: Human Foibles in the Cloud

BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we...more

New York Advises Sales of “Computing Power” Not Taxable

Yesterday, the New York Department of Taxation and Finance Office of Counsel issued advisory opinion TSB-A-15(2)S holding that cloud computing vendors providing “Internet infrastructure” were not subject to sales tax. ...more

Cloud Computing Contracts Top Issues for Healthcare Providers

In this Issue: - Summary - Overview - Cloud - Use - Security - Privacy - Functions - Availability - Performance - Location - Services -...more

Cloud computing contracts – the EU Commission report

Further to the EU Commission communication on “Unleashing the potential of cloud computing in Europe” the Commission adopted a European Cloud Computing Strategy (you can find more information here) which is also based on a...more

Polsinelli Podcasts: Cloud Computing, From Cybersecurity to Confidentiality Issues [Video]

Hosting and securing data is a concern for both businesses and consumers. As companies and health systems are quickly adopting the idea of hosting data “in the cloud,” regulatory agencies are crafting laws to protect private...more

Microsoft Adopts International Cloud Privacy Standard

Public cloud computing services-- computing resources (such as networks, storage, applications, and services) purchased from another company (a “cloud services provider”)-- offer many potential benefits for businesses, among...more

ECJ case on Safe Harbor

The ECJ heard arguments, this week, in the action against the Irish Data Protection Commissioner that Safe Harbor should be declared invalid.  The case was originally brought by Austrian law student, Max Schrems....more

ISO’s Cloud Privacy Standard: A Guide for Lawyers’ “Reasonable Efforts” to Protect Client Information

Rule 1.1 of the Model Rules of Professional Conduct requires that all lawyers provide “competent representation to a client.” In August 2012, the ABA added new language to Model Rule 1.1, comment 8: To maintain the...more

Ethical Issues Implicated by Lawyers’ Use of Third-Party Cloud Services

Law firms increasingly turn to “cloud services” for processing and storing confidential client information because of their greater flexibility and efficiency. Use of “the cloud,” however, outsources the administration,...more

Meritas in the Cloud: The Digital Law Office

Technological innovations in the digitization of information and communications have greatly changed the practice of law in the past decade and will undoubtedly continue to do so at an accelerating pace. While lawyers and law...more

Is Privacy Dead?

If the Internet and social media have not already killed privacy, Big Data and the Internet of Things (IoT) are likely to finish the job. As 91 percent of American consumers agreed in a recent Pew Research Center survey,...more

Cloud Computing: Legal Issues on the Horizon

In the May 2014 issue of the Business Litigation Report, we discussed a hot topic in law and technology: cloud computing. That topic did not cool down over the summer. Businesses and courts—including the Supreme Court—have...more

How Oil and Gas Companies can Optimize Technology Performance and Costs During Oil Price Volatility

An unexpected surge in production coupled with weakened global demand has resulted in a 50 percent drop in the price of crude oil since June 2014 and currently averaging US$50 a barrel. The Organization of the Petroleum...more

The Roundup: Last Week’s Recommended Reading (Jan 9, 2014)

From Around the Web - Retirement Options for Solo and Small Law Firms: Being a sole practitioner or small-firm shareholder gives you the ability to choose the kind of retirement plan that is right for you and your...more

Law Firm 3.0: Thinking Beyond the Virtual and Conventional Models

Cloud technology allows attorneys to work anywhere they have a secure internet connection. This provides for greater flexibility, happier lawyers, higher profits, and better-served clients. However, a pure virtual law firm is...more

ISO develops the first privacy-specific cloud standard

Earlier in 2014, the International Standards Organisation (ISO) developed a new voluntary standard, ISO 27018 (Standard), establishing commonly accepted control objectives and guidelines to protect personal information for a...more

ISO Adopts Standard for Privacy in the Cloud

The use of public cloud computing services- broadly defined as contracting with another company for the provision of computing resources (networks, storage, applications, and services), offers many potential benefits for...more

Negotiating Cloud Contracts

The cloud computing market is evolving rapidly. New as a service (aaS) platforms are appearing and the dichotomy between public and private cloud domains has been fractured into many different shades of hybrid cloud...more

On the Fifth Day of Privacy, California (and Delaware) gave to me

sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and...more

Both Sides Now: Cloud Security and Privacy Enter the Modern Era with ISO 27018

Until recently, many cloud users felt like Joni Mitchell in her classic song, “Both Sides Now.” No matter how you looked at clouds, you never really understood them, how they worked, or what happened inside them. Cloud...more

From Sedona to Georgetown to New York—What’s Fashionable in eDiscovery This Year?

It’s that time of year, when bench, bar, vendors, and clients think big eDiscovery thoughts. They go to The Sedona Conference (which is not in Sedona), Georgetown Law’s Advanced eDiscovery Institute (which is not at...more

Business Litigation Report -- December 2014

In This Issue: Main Article: - Cloud Computing: Legal Issues on the Horizon Noted With Interest: - Stays Pending Covered Business Method Patent Review: VirtualAgility v....more

What happens in the cloud stays in the cloud: BIS reinforces export control insulation for cloud-based computing and processing

The US Department of Commerce, Bureau of Industry and Security (BIS) recently released a redacted Advisory Opinion dated November 13, 2014 that confirms for cloud-based software vendors (or Software as a Service providers)...more

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