Adapting E-Discovery Protocols to Virtual Meetings, Video Conferencing, and Video Chats in Commercial Litigation

Retention Policies and Production of Data From Microsoft Teams, Cisco WebEx, Skype, Zoom, Slack, and Other Platforms

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, November 4, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will examine the evidentiary and discovery issues arising from the pervasive use of video conference platforms. Counsel must understand what data is being created, the cost of storing it, how that data should be managed, retention policies, and potential legal obligations.

Description

Video conferencing can have severe ramifications for commercial litigation. Initially, attorneys need to advise clients which video meetings to record and how long to retain those recordings. Some highly regulated industries are required to keep these recordings, and in other sectors, they create ethical issues, such as for law firms or in-house counsel.

Recordings of virtual meetings may be huge files and expensive to store, access, and search. The level of service (e.g., free, "pro," or "enterprise") will alter the ease of retrieving, accessing, searching, and using the data. If other people view the recordings after the fact, then the admissibility of the recording could be compromised.

The inevitable discovery requests for such data raise a host of issues. A video meeting platform may create different types of files that may also be relevant. There is metadata that may be relevant even with unrecorded video meetings: when it occurred, who was present, and the length of the session. Without a transcript or text file, a video file is mostly unsearchable. These issues put proportionality and Federal Rule 26(g) front and center of the discovery requests and objections.

Counsel must also address the impact of laws requiring parties' consent to be recorded and the consequences of recording without permission.

Listen as this panel examines the essential evidentiary and discovery issues that counsel must be prepared to address arising from the pervasive use of video conference platforms.

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Outline

  1. Overview of platforms
  2. Recording policies and procedures
  3. Discovery mapping
  4. Role and relevancy of statutes addressing non-consensual recording
  5. Proportionality in discovery
  6. Objections to discovery
  7. Complying with Rule 26(g) in regard to video conferencing materials

Benefits

The panel will review these and other key issues:

  • What are counsel's legal obligations with video conferencing?
  • How does counsel determine whether to record or retain recorded conferences?
  • Were there chat messages in the platform? Are they relevant and need to be preserved?
  • Did anyone take manual notes during the meeting? Are they relevant and need to be preserved?
  • How are the video conferences produced and preserved? How can they be accessed and reviewed?
  • What must counsel do in order to comply with Federal Rule 26(g) when it comes to video conferencing?

Faculty

Cook, Amanda
Amanda Cook, RCA, CEDS

Senior Project Advisor
Acorn Legal Solutions

Ms. Cook is a Senior Project Advisor and has worked in eDiscovery as a litigator, project manager, and advisor. She is...  |  Read More

Hardin, Jonathan
Jonathan G. Hardin

Partner
Perkins Coie

Mr. Hardin is an experienced trial and appellate lawyer who has litigated in state and federal courts throughout the...  |  Read More

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