This note analyzes problems of electronic document preservation in the context of cloud computing. Such document storage policies pose special problems when a litigant’s data is subject to discovery but stored on the network of a third-party vendor. Without contractual preservation obligations, these third parties are likely to escape sanctions even when crucial data is destroyed. The note proposes various electronic storage solutions that would preserve data for discovery during litigation while exposing current problems associated with current litigation tools that fail to compel document production. Finally, the author proposes using terms of service agreements that would ease tensions but sacrifice some cloud computing benefits.
Joseph A. Nicholson,
Plus Ultra: Third-Party Preservation in a Cloud Computing Paradigm,
8 Hastings Bus L.J. 191
Available at: https://repository.uchastings.edu/hastings_business_law_journal/vol8/iss1/6