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ARTICLE · 01 NOVEMBER 2011

Preparing for E-Discovery in Outsourcing Contracts (Tip of the Month)

Mayer Brown
Mayer Brown
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A large US company recently outsourced its IT functions and has begun to use cloud computing vendors, or other service providers, to store or process data.

United StatesMedia, Telecoms, IT, Entertainment
Anthony Diana
Anthony Diana
Shawna Doran
Shawna Doran
Kim Leffert
Kim Leffert
Brad Peterson
Brad Peterson
Author LinkedIn connections

Originally published October 2011

Keywords: e-discovery, outsourcing contracts, cloud computing, ESI, service provider

Scenario

A large US company recently outsourced its IT functions and has begun to use cloud computing vendors, or other service providers, to store or process data. The company's general counsel is concerned about any additional risks the company may face when responding to e-discovery requests, such as discovery penalties for inadequate preservation or incomplete disclosure, waiver of legal privileges and improper disclosure of confidential information to third parties. The general counsel is seeking ways to mitigate these risks through contract terms and advance planning.   

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