Cloud Computing + As-a-Service Platforms

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Cloud computing has increasingly become a leading method of delivering remote information and communications technology (ICT) resources and related business solutions in a scalable, dynamic and rapidly provisioned manner. Many ICT-based businesses have converted their product offerings to fit "as-a-service" delivery channels.

While many of the underlying technologies have existed for years, the recent growth in the deployment of cloud and as-a-service platforms is without precedent. As is the case with any change of this magnitude, the adoption of these solutions, as well as the creation of businesses that depend on such technologies, raises legal and compliance risks and generates new legal issues.

Why MoFo

Morrison & Foerster is at the vanguard of cloud and as-a-service solutions. New service offerings, technologies, contracting practices and regulatory guidance continue to evolve as available business models mature and providers compete to offer enterprise solutions to increasingly diversified sectors. A recognized leader in technology transactions, we are unmatched in our understanding of private, public and hybrid clouds and their underlying technologies; Infrastructure as a Service (IaaS); Platform as a Service (PaaS); Software as a Service (SaaS); data security, business continuity and regulatory compliance.

Our lawyers are leading authorities in global technology and sourcing transactions, privacy and data security, intellectual property and regulatory frameworks. Working together as a multidisciplinary team, we support clients in various cloud initiatives. We have significant practical, hands-on experience representing clients in cutting-edge cloud transactions, and we bring that know-how and market intelligence to bear in every engagement.

What We Do

We advise customers on the key legal and transactional issues associated with cloud and as-a-service projects, assisting our clients in negotiating transactions that manage operational and compliance risk.

In addition, we represent providers of cloud solutions in designing service offerings, contractual frameworks and compliance practices that satisfy global privacy and data security requirements and customer demands. In all cases, we leverage our experience with technology and sourcing transactions across geographies and all major industries to creatively address the issues presented by cloud and as-a-service projects.

We work as an integrated team to support our clients with key aspects of their cloud and as-a-service transactions, including:

  • Navigating "non-negotiable" vendor contracts with a focus on key areas such as performance, service continuity and exit rights
  • Enhancing negotiation leverage through a competitive process
  • Advising on global privacy and data security compliance and sector-specific regulations
  • Coordinating cloud subscriptions with implementation services and related professional services engagements
  • Negotiating and leveraging reseller arrangements

Whether you are a potential provider or user of cloud and as-a-service solutions, we stand ready to advise on the legal planning necessary to protect your organization from risk while gaining the advantages offered by this rapidly evolving ICT distribution channel.

Our Related Practices

Our cloud computing and as-a-service practice forms part of our award-winning Technology Transactions Group. Vault Guide 2014 ranked Morrison & Foerster as its #1 Technology Law Firm, and the independent legal rankings publication Chambers described us as "probably the world's premier technology law firm" and "a great firm, steeped in technology history."

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