Close Look At Cloud Computing Is Essential

The Editor interviews Nolan M. Goldberg , IP & Technology Counsel, Proskauer.

Editor: Tell us about your practice and role at Proskauer, particularly as a founding member of the Litigation Department's Electronic Discovery Task Force.

Goldberg: I am a patent attorney with an electrical engineering background. My practice is primarily patent and trade secret litigation, with lots of work in the telecommunications, barcode scanner and financial services fields.

Over the past couple of years, advising clients on electronic discovery-related issues, both in the absence of litigation and during litigation, has become a significant part of my practice. Before litigation, for example, I help clients develop information management systems to proactively reign in discovery costs and meet compliance obligations. During litigation, I help clients understand and manage the burden and costs of the process, with the goal being a rational e-discovery expenditure that, while meeting all obligations, minimizes the disruption to my client, and is proportionate to the amount at issue in the litigation. I also consult on the recovery of often-overlooked electronic evidence, such as computer forensics.

Recently I've focused on electronic discovery and alternate dispute resolution, and I am the primary author of the e-discovery section of the International Institute for Conflict Prevention and Resolution's model economical litigation agreement, colloquially known as the "Litigation Prenup."

Editor: "Cloud computing" is a buzzword that's been popping up more frequently than ever. How would you define it?

Goldberg: Cloud computing is a marketing term that covers lots of different technologies and business applications. By way of example, the National Institute of Standards and Technology ("NIST") is now on version 15 of their attempt to define the cloud, with the current definition two pages long, with lots of subparts.

I like the analogy in the book The Big Switch by Nicholas Carr for an initial introduction to the cloud concept, which compares the evolution of cloud computing to the transition from individual power generation to modern utilities.

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Source: metrocorpcounsel.com