Virtual Meetings and Ephemeral Messaging: Preservation and Spoliation Issues

The use of virtual meeting platforms and ephemeral messaging apps has increased dramatically. Although these platforms are being used for everything from client meetings to court appearances, many lawyers may not realize that settings may allow communications to be recorded. Similarly, some lawyers use 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 that this course will examine. Recognize how a duty to preserve might arise for virtual meetings or ephemeral messages and whether sanctions might be imposed for a failure to preserve.

Learning Objectives:

1. Examine the nature of virtual meeting platforms and ephemeral messaging apps 

2. Become familiar with the nature of virtual meeting platforms and ephemeral messaging apps

3. Address regulatory concerns raised by using

4.  Discuss whether and when "content" should be retained or preserved

5. Examine when and how discovery might be conducted

6. Identify when sanctions might be imposed for failure to retain or preserve