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While use of cloud computing continues to grow, the Federal Rules of Civil Procedure and most state civil rules have not caught up with this technology. Current rules do not provide any specific guidelines for preserving and producing electronically stored information (ESI) in a shared environment. And not surprisingly, there are few court rulings interpreting how the civil rules should operate in the cloud. This leaves in-house counsel and its outside counsel litigation team with little guidance when formulating a plan for managing company data stored in a cloud in the face of a large and complex piece of litigation.

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