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Overview
As a result of lawyers having to practice law remotely during the pandemic, the use of virtual meeting platforms and ephemeral messaging apps has increased dramatically. While virtual meeting platforms are being used for everything from client meetings to court appearances, many lawyers may not realize that these platforms have settings that enable communications to be recorded. Similarly, when faced with technological challenges while working remotely, some lawyers are using ephemeral messaging, which may or may not actually disappear, for client communications and other legal work. The decision to use these technologies, particularly without the knowledge and approval of an attorney’s law firm, raises serious potential issues. Join Gail Gottehrer of the Law Office of Gail Gottehrer LLC, Ronald J. Hedges of Dentons US LLP and Carrie S. Parikh of Horizon Blue Cross Blue Shield of New Jersey as they discuss:
- What virtual meeting platforms are (10 minutes)
- When these recordings may be considered business records, or otherwise within the possession, custody, or control of a party (10 minutes)
- When “content” of virtual meetings might be discoverable (10 minutes)
- What ephemeral communications are (10 minutes)
- The preservation and discovery issues that the use of ephemeral communications by lawyers may raise, especially for clients in regulated industries (10 minutes)
- Requests for, objections to, and production of this data in discovery (10 minutes)