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Clients in the Cloud: Challenges of Storing Client Information on Web-Based Platforms


Product Code - LGN286
Speaker(s): Eric S. Boos, Shook, Hardy & Bacon L.L.P.; Marcos Marrero, Greenspoon Marder; John Anderson, Shook, Hardy & Bacon L.L.P.
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Cloud computing and “Software as a Service” (SaaS) provide businesses of every size in nearly every industry powerful, accessible tools that previously required significant financial investments. Billing services, storage and file sharing, client relationships, and office productivity software are all now available in web-based form. The benefits of this delivery platform are clear: minimal hardware investment, remote access, collaborative workspaces, and a scalable IT infrastructure. While these computing services offer a number of economic and technological advantages, they also expose the unwary to potential disadvantages.

Any move to cloud-based services must be carefully considered by legal professionals, whether in solo practices or multi-national law firms. The storage and use of client data by lawyers is strictly governed by the rules of professional conduct as well as state and federal data privacy laws. Law firms must perform a comprehensive assessment of any cloud-based solution that touches on client data. Lawyers must consider and manage a number of risks before exposing any client information to the dangers of the online sphere.

The faculty presenting this program will specifically address the concerns, both ethical and practical, facing lawyers in the cloud computing age, including: the key areas of inquiry when contracting with providers of web-based services, the trends seen in various advisory opinions on cloud computing issued by several state bar associations, and the legal obligations created by state and federal laws for the security of electronic information.

Educational Objectives:

• Learn questions to ask when seeking to implement web-based solutions involving client data.

• Understand how to avoid the hidden dangers—and potential professional rules violations—often associated with storing data on the cloud.

• Find out how to comply with the various state and federal obligations triggered when electronic client data has been breached.

Who would benefit most from attending this program?

Attorneys who are currently using, or who are considering, any cloud-based system or SaaS platform that involves client data; corporate counsel and data privacy and security officers; professionals managing law firm websites and Internet storage of client records.

Program Level: Basic
Prerequisite: A general understanding of data privacy issues and the confidentiality issues associated with maintaining client information.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.5 credits
Anticipated CLE Credit: 1.5 credits (may vary based on from which jurisdiction requested)

For additional information, please see the “CE Credit” tab.

Eric S. Boos, Shook, Hardy & Bacon L.L.P.; Marcos Marrero, Greenspoon Marder; John Anderson, Shook, Hardy & Bacon L.L.P.

Eric S. Boos, Shook, Hardy & Bacon L.L.P.
Eric Boos is an attorney in Shook, Hardy & Bacon’s Miami office. His practice focuses on complex commercial litigation, including data security and privacy, information integrity, and all forms of intellectual property protection. Mr. Boos regularly assists his clients with the identification and mitigation of data security risks and the preservation of information systems integrity and continuity, drafting consumer privacy policies, monitoring industry-specific regulatory requirements for sensitive data, designing effective data breach response protocols, managing regulatory inquiries, and protecting intellectual property rights. He is a member of the Florida Bar's Business Law Section, Appellate Practice and Advocacy Section, Entertainment Arts and Sports Law Section, and Young Lawyers Division.

Mr. Boos earned a J.D., magna cum laude, from the University of Miami School of Law and a B.A., cum laude, in international studies and economics, from the University of Miami. He is admitted to practice in Florida as well as before the U.S. District Courts for the Southern and Middle Districts of Florida.

Marcos Marrero, Greenspoon Marder
Marcos Marrero is an IT Risk & Information Security Manager with over 15 years of experience in the establishment and ongoing management of IT risk and information security programs. Mr. Marrero first started his career in Information Security while working for Lloyds Banking Group in Miami and New York. He assisted with, and later was in charge of, establishing the bank’s first IT risk and information security program. After several years at Lloyds, Mr. Marrero moved on to the legal industry and relocated to Florida to lead the implementation of an information security program for international law firm Greenberg Traurig. While at Greenberg Traurig, he realized the unmet need for law firms to have robust information security programs in place. Once the implementation at Greenberg Traurig was complete, he took the opportunity to assist Greenspoon Marder with the implementation of an IT risk and information security program. Mr. Marrero also runs a successful information security consulting business, which assists small and medium-sized businesses with ensuring the security of their information and systems.

John Anderson, Shook, Hardy & Bacon L.L.P.
John Anderson is the Chief Information Officer at Shook, Hardy & Bacon LLP. He has been with Shook Hardy since 2002 and has worked in leadership positions in the information technology field for more than three decades. Mr. Anderson’s experience includes oversight of strategic planning, budgeting, data center architecture, programming, user support, litigation support, records management, library services, knowledge management, information governance, disaster recovery, vendor management, and staff development. He is very involved with several technical and legal organizations, including the International Legal Technology Association (ILTA). Mr. Anderson earned accounting and Master of Business Administration degrees from the University of Kansas, is on the executive committee of the University of Kansas’ School of Business Advisory Council, and is also a frequent guest lecturer at the school.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana, Delaware and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please allow up to four to eight weeks for CLE processing. Contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Questions
Individual programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. For specific questions, contact your state MCLE regulatory entity for specific questions about your MCLE rules or visit the American Bar Association’s website for general information on accreditation.

If you have further questions regarding a specific state or how to file for CE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator or send an email to accreditations@bna.com.