AttorneysEd Center

With the explosive growth of mobile applications, companies and their counsel are scrambling to keep pace with the myriad compatibility, privacy, licensing, and implementation issues that come with these types of applications. Join Aaron Tantleff of Foley & Lardner LLP as he discusses and shares the legal risks involved in developing, launching and managing mobile applications in 2013 and beyond, including: • Real-life examples of a mobile application program that spun out of control and what can be done to prevent and mitigate the issues; • Issues regarding data collected through applications (i.e., personal data and geolocation), and data-sharing agreements, data collection, and e-discovery issues; • Application store trademarks and copyrights; • Risks companies face regarding ownership, license agreements, developer agreements, transaction processing agreements, and bundling arrangements with carriers and device distributors; • Top factors delaying application launches; • The uncertainties that arise when creating a mobile application and the implications for other departments of a company;

Even as the understanding and prevalence of the Cloud continues to escalate and as companies continue to migrate data and services to the Cloud, counsel for many companies are still attempting to review contacts for cloud services as if they were software contracts or fail to understand and appreciate issues regarding security, performance, availability, disaster recovery and business continuity. In addition, many fail to properly appreciate the implementation process or the effort involved to move to another vendor and thus, fail to consider the costs of signing on and how it may lock the company in with the vendor as switching vendors may be cost prohibitive. Join Matt Karlyn and Aaron Tantleff of Foley & Lardner LLP as they discuss some of the more significant issues that arise during negotiations with cloud providers and how to effectively negotiate terms and mitigate risks.

Jeffrey Fowler, a partner at O’Melveny & Myers LLP and one of the country’s few full-time e-discovery litigators, covers recent developments in the legal duty to preserve evidence, including proposed new amendments to the Federal Rules and recent sanctions cases. He also provides practical tips for how to plan, execute and defend an effective preservation strategy.

Jones Day attorneys Irene Fiorentinos and Mark DeMonte discuss how recent cases such as Chin v. Port Authority and Apple v. Samsung fit into a rule of reasonable document preservation and address the ethical challenges that in-house corporate counsel and outside counsel face, consistent with such ABA Model Rules as Model Rule 1.1 (competence) and Model Rule 3.3 (duty to court), when issuing and monitoring litigation holds. NOTE: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 1 credit hours will apply to legal ethics/professional responsibility credit.

The ABA created its Ethics 20/20 Commission in 2009 to consider solutions to ethical challenges arising from 21st Century technological realities. Recently, the Commission released draft proposals for revision of the ABA Model Rules in several areas that may be affected by modern technology: confidentiality (including unauthorized disclosures and hacking); client development through electronic media; and outsourcing. Steve Bennett, a partner at Jones Day, examines the Commission's ethics proposals and suggests practical solutions to the issues raised by the ABA. NOTE: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 1 credit hours will apply to legal ethics/professional responsibility credit.

Service levels are a critically important aspect of information technology agreements. While drafting appropriate service levels can be a challenging task as vendors and customers frequently struggle to set service levels appropriately and determine balanced remedies for service level failure, crafting good service levels is not enough. The parties and their attorneys also must think about and plan for additions to and deletions of service levels, as well as modifications to service levels, and how the agreement accommodates such changes. Further, adjustments to the service levels may become necessary at a later time and the agreement should include an appropriate process for ensuring that the actual service level changes as the quality of the vendor's service improves. Join Matt Karlyn and Aaron Tantleff of Foley & Lardner LLP as they discuss the recent case of State of Indiana v. IBM, where an IT service provider won a breach of contract claim

Health care organizations are rapidly moving their data and applications to the cloud. With the HITECH Act's incentives for electronic health records, hospitals, physician practices, and other providers are on the face track to implement new IT systems. Cloud computing offers the opportunity to achieve this objective quickly and with lower IT costs. However, transitioning to a cloud computing environment is not without significant risk. Hospitals, physician practices and other health care entities are subject to a myriad of privacy and security requirements under HIPAA and state laws, and these laws differ by jurisdiction. Counsel to hospitals and physicians must carefully negotiate business associate agreements with cloud computing vendors that include clear indemnity, security, and data use and data return provisions. Assuring the “cloud” is located in a U.S. jurisdiction and allocating responsibility for a data breach between the provider and cloud computing vendor are key issues in contracting

With the commercialization of IT, employees are seeking to, or already are bringing their personal devices into the corporate environment. Employees want to use their preferred devices, and companies are constantly seeking cost reductions and the ability to offer its employees incentives that may aid in recruitment, retention and productivity. However, allowing these employee or dual-use devices into the company without proper planning in place may lead to new legal risks and exposures for the company, and in-house corporate, employment and technology counsel must carefully consider these risks before advising their organizations on BYOD implementation. Join Aaron Tantleff and Matt Karlyn of Foley & Lardner LLP as they explain some of the key implications of allowing employees to use their own devices in the workplace versus using company-purchased/provided technology, possible security risks in allowing employees use of such dual use devices at work and considerations in reviewing existing policies or

In this program for all attorneys, Carmen McLean, a partner at Jones Day, and Sara R. Kusiak, a Jones Day associate, provide a basic introduction to computer-assisted document review, including an explanation and comparison of the various technologies available in today's market. Building on this basic introduction, attendees can better understand the practical and effective distinctions between the advanced tools at their disposal, the pros and cons to each approach, and the instances in which each tool is most appropriate and effective. Our presenters also discuss: • the emerging legal standards for computer-assisted review from the few courts that have recently begun to consider and manage cases using predictive coding; and • fundamental issues of transparency, party involvement, accuracy, and reliability, knowledge of which allows practitioners to better detect, avoid, and preempt pitfalls when they adopt these new technologies in their own cases. NOTE: This course has been approved for Minimum Continuing

The strength of cloud computing is undeniable, and nearly every company is now using or considering the use of some form of cloud computing services. With open source software having emerged as an essential building block in the foundation of almost all cloud computing platforms, the use of open source software in the cloud presents many new open source license interpretation and compliance issues for both customers and providers of cloud computing services. Jason Haislmaier, a partner at Bryan Cave LLP, answers the questions in-house and corporate counsel need to know about open source license compliance in cloud computing, including: • Where is open source used in the cloud (and where is it likely to appear)? • How are open source licenses applicable in the cloud and what license obligations apply in the cloud? • How does the cloud change the notion of software “distribution” (and what does this mean for open source